If you have an injury that is assessed by WorkCover and does not meet a threshold you will need to make an election to either accept the lump sum offer or proceed to seek Common Law Damages. If you serve a Notice of Claim you are regarded as having rejected the offer. It cannot be accepted at a later date. If you accept the offer you are then prevented from seeking damages and that is the end of your claim. You need to speak with us before you make any decision to accept or reject an offer for your injuries.
From the date your Notice of Claim Form was served on WorkCover Qld the Workers Compensation and Rehabilitation Act 2003 provides that the insurer must now respond to your Notice of Claim within fourteen days.
Generally it is beneficial to your claim for us to obtain an expert occupational therapist assessment to address your capacity for work and home duties and what assistance you may require in the future as a result of your injury.
If we have agreed to speculate our outlays and disbursements then AK Compensation Lawyers will pay the cost of this examination and the cost of the medical report in accordance with your retainer with us.
After service of the Notice of Claim you have an ongoing duty to disclose to the other side material in your possession about:-
This material must be provided within one month after giving the Notice of Claim or within seven days after coming into your possession. There is also an obligation on you to notify the other side if you become aware of a change in your condition or other relevant circumstances.
Section 275 of the Workers Compensation and Rehabilitation Act 2003 requires you to disclose to the insurer copies of reports, documents, written statements in your possession about the circumstances of the accident and your medical condition or prospects of rehabilitation.
If you hold copies of any of these documents or your personal or financial circumstances change, we ask you to forward details to our office so we may disclose these.
We request that you continue to keep us updated should any new information or documentation become available. Severe penalties may apply for not meeting your obligations about disclosure.
We will explain to you the process and what is involved. You need to keep us updated about your injuries and what employment you have tried to get. If you are going way we need to know and/or be provided with alternate contact arrangements during these times.
There are strict time frames that apply and costs consequences can flow from a failure to provide information. The information must also be accurate, fines and other penalties apply to giving false or misleading information.
At any time if you wish to discuss any aspect of your matter please either make a time to come in and see Amanda Karpeles or feel free to phone and speak to one of our experienced lawyers.
The compulsory conference will take place an agreed date and time. The conference will take place at our office or at a Barrister's chambers.
You will need to attend approximately 1 hour prior to the commencement of the conference so we may discuss any issues in relation to your matter as well as what will happen at the conference.
The conference commences by all parties sitting in a room and will begin with us outlining the facts in your case. You will be required to attend however you should just sit there and listen to what is said. Generally we do not suggest you say anything but rather allow us to do the talking for you. The representatives of the insurers will then respond to what we have said. We will then adjourn to separate rooms where we can discuss any issues with you and obtain your instructions to make offers. The legal representatives will then go back and forth discussing offers.
This process can take a few minutes or a couple of hours depending on the parties. attitude to settling and what offers are made. Please be aware that some insurers simply attend the conference to comply with their obligations under the Act and to not make any reasonable offers.
If the conference ends without resolving the matter you, and the respondents, will need to exchange "mandatory final offers". These are offers made in accordance with the Act and that must remain open for 14 days and can not be withdrawn by any party during that time.
Should the matter then proceed to trial and a judgment is entered, the Judge will use these offers to make an award as to costs and we will provide a summary that explains when costs are payable by you or to you after a judgment is handed down. We will also discuss this further with you at the conference.
