THE NOTICE OF ASSESSMENT EXPLAINED BY COMPENSATION LAWYER QLD

The Notice of Assessment is a formal document that you may receive from Workcover Qld during your worker’s compensation claim.

Completing this document yourself without legal advice could cost you hundreds of thousands of dollars. It is a very important document and we recommend that consult a Compensation Lawyer as soon as possible upon receipt of this document.

WHAT IS A NOTICE OF ASSESSMENT?

The Notice of Assessment is contained in a letter addressed to you from Workcover. It usually has two purposes:-

  1. You may receive an offer of money in this document, don’t be tempted to accept this amount (or reject it!) without obtaining legal advice. Often this document is received when an injured worker may be struggling financially and any sum of money may seem attractive at this time. However, this money may not properly compensate you for your injuries and most of the time there are other options;
  2. Twenty business days after you receive this document, your claim will formally close. This occurs whether or not you decide to accept the offer. Even if you do not respond to the offer, your claim will still close. This means that you have no further entitlements to your statutory claim rights such as weekly workers compensation wages benefits and medical expenses.

WHEN WILL I RECEIVE THE NOTICE OF ASSESSMENT?

Once your injuries stabilise (this means not getting any better or worse and no major treatment is planned in the near future), Workcover may send you to see their Independent Medical Officer for Assessment. Unfortunately, you have no choice as to which specialist you see. If this doctor believes that your injuries have stabilised they will provide Workcover with an assessment of your injuries. This is expressed as a percentage of whole person impairment. The amount of this impairment is what Workcover base their offer contained in the Notice of Assessment on.

In summary, you receive the offer usually once your major treatment has concluded or slowed down and your injuries have reached a stage where there is not much change in your symptoms. You don’t have to be recovered or have returned to work.

You don’t have to wait for Workcover to send you for assessment. If your personal injury lawyer feels that it is the correct time, they will advise you and request Workcover take the necessary steps for this to happen.

WHAT DO I DO WHEN I RECEIVE IT?

Don’t panic and call a personal injury law firm that specialises in personal injury claims and will work on no win, no fee basis. A compensation lawyer will explain the time limits involved and ensure you understand all of your options as important decisions will need to be made at this point.

Don’t delay or put off obtaining legal advice. You only have twenty (20) business days within which to make a decision. The earlier you can obtain legal advice from a personal injury law firm, the better. This will give the personal injury lawyer time to obtain any necessary documentation to properly advise you.

Usually, you cannot accept the Notice of Assessment and make a common law claim. Accordingly, accepting an offer made by Workcover may extinguish your further rights to compensation entirely. A common law claim is a claim for monetary compensation for losses sustained as a result of a workplace injury. Your personal injury solicitor will explain the meaning of “negligence” and how this relates to a common law claim. Basically, to be successful, you need to show that your injury was a result of a breach of a duty of care owed to you by your Employer to keep you safe at work.

There are strict time limits with a common law claim so speak to an expert today!

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