Workcover Application for Compensation and Notice of Assessment
6 minute read
Once your workplace injury stabilises and reaches its maximum level of healing and recovery, you may receive a Notice of Assessment and a lump sum payment offer. So you can make an informed decision in your own best interests, it’s important that you understand what is a Notice of Assessment and what to do if you receive one. Read on for the information you may need about your Notice of Assessment.
What happens before you receive a Notice of Assessment
Before WorkCover (or the workers’ compensation insurer in your state or territory) can issue you with a Notice of Assessment, your workplace injury or illness must reach a certain point in its healing and recovery.
‘Stable and stationary’ workplace injuries
If you are receiving workers’ compensation benefits following your workplace injury, you may have wondered ‘how long can you be on WorkCover’? Your workers’ compensation benefits can be stopped once your injuries become ’stable and stationary’. This means your injury is unlikely to worsen or improve with further medical treatment or rehabilitation.
Degree of permanent impairment
Before your Notice of Assessment (and any lump sum compensation offer) can be made, your workplace injury or illness must be assessed by an independent medical or allied health professional.
This assessment is to determine the degree of permanent impairment for your workplace injury or illness. It’s an important ‘rating’ that can impact your entitlement to further compensation.
In general terms, the degree of permanent impairment refers to your injury or illness’ impact on your ability to:
Use your injured body part
Function (physically or psychologically) with your injury or illness
Your degree of permanent impairment is assessed according to guidelines under the workers’ compensation scheme in your state or territory.
What is a Notice of Assessment?
A Notice of Assessment is an important document issued by the workers’ compensation insurer in your state or territory. When you’re issued with a Notice of Assessment, it marks the end of your statutory workers’ compensation benefits.
The Notice of Assessment details:
Your workplace injury or illness
The degree of permanent impairment of your injury or illness
In some instances, a monetary offer called a Statutory Lump Sum Offer.
What is a statutory lump sum offer?
A statutory lump sum offer is calculated based on your degree of permanent impairment. It’s a one-off payment intended to compensate you for the permanent impairment of your workplace injury or illness. The workers’ compensation laws in your state or territory include formulas for calculating your statutory lump sum offer.
What do you do when you get a Notice of Assessment?
If you receive a Notice of Assessment and offer of a statutory lump sum, you have a major decision to make within a specified time. Your decision can have significant consequences for your eligibility to access further compensation for your workplace injury or illness.
It’s highly recommended that you seek independent legal advice from experienced workers’ compensation lawyers in your state or territory.
The three decisions you can make after receiving a Notice of Assessment are detailed below.
Accept the statutory lump sum offer
If you accept the lump sum offer, you may no longer be entitled to make a common law claim for your workplace injury or illness. Common law damages are potentially higher and more likely to properly compensate you for your workplace injury or illness.
Reject the statutory lump sum offer
It may be in your best interests to reject the lump sum offer and pursue a common law claim for damages. Damages could include compensation for:
Pain and suffering
Your past and future loss of income
Medical and related expenses
In pursuing a common law damages claim, it’s important to know:
You must be able to prove that your employer was responsible for your workplace injury or illness
If your common law claim is not successful, you can’t then accept the statutory lump sum offer
If your degree of permanent impairment is above a certain level, you can accept your lump sum offer and pursue a common law damages claim
Defer your decision about the statutory lump sum offer
You can defer deciding to accept or reject a statutory lump sum offer for a certain period. This gives you breathing space to assess your options and seek legal advice.
FAQs about Notices of Assessment
What do I do if I receive a Notice of Assessment lump sum compensation offer?
It’s important you do not accept the Notice of Assessment lump sum offer without first seeking expert legal advice for your specific situation. Accepting a lump sum offer can have serious repercussions on your ability to make a common law damages claim. Protect what matters and seek expert workers’ compensation legal advice from Shine Lawyers.
What is involved in making a claim for WorkCover compensation?
Australia's 11 workers’ compensation schemes each strictly regulate the process for making a workers’ compensation claim.
If you have suffered an injury at work or because of work, there are two types of claims:
Statutory claims (no fault)
Common law claims (fault typically established and employee seeks common law action through courts)
Your ability to make a claim under statutory or common law claims depends on the facts of your workplace injury or illness. No two claims are the same, so it’s best to seek expert legal help from a workers’ compensation lawyer so they can advise you on your rights and entitlements.
How much WorkCover compensation am I entitled to?
How much WorkCover compensation you are entitled to depends on your situation and the facts of your case. A lawyer should be able to give you an idea of how much compensation you’ll likely receive once they know more about your case.
How long does a claim for compensation take?
How long a claim takes to successfully conclude really depends on your situation and the complexity of the case. Once a lawyer knows all the facts of your particular situation they should be able to give you a good indication of how long your claim may take.
How much does it cost to make a WorkCover claim?
Shine Lawyers offer their workers’ compensation legal services No Win No Fee* basis which means you will only pay our legal fees if we win your claim.
As part of our service, we offer an obligation-free first consultation and home or hospital visits should you be unable to come into the office for any reason.
*Conditions apply
Why choose Shine Lawyers for your workers’ compensation claim or Notice of Assessment?
Shine Lawyers have expert No Win No Fee* workers’ compensation lawyers who can help you:
Understand your rights and eligibility for statutory or common law workers’ compensation
Make a workers’ compensation claim
Respond to a Notice of Assessment
*Conditions apply
Why choose Shine Lawyers?
Shine Lawyers have expert No Win No Fee* lawyers that can help you determine your rights and bring forward a claim on your behalf.
Follow the links below to learn more about Shine Lawyers and your legal options:
*Conditions apply
