A common enquiry received by our Compensation Team is whether a decision of WorkCover can be reviewed or appealed.
Some examples of decisions which can be reviewed or appealed are:
- A decision to reject an application for Workers Compensation;
- An assessment of permanent impairment.
If you have applied for Workers Compensation and your application is rejected, you generally have three months after the decision is made to seek a review. The review is conducted by the Workers Compensation Regulator and there is no fee payable to have a decision reviewed. The review process involves an independent assessment of the same information to see if the same, or different, conclusion is reached. If your application is rejected and you do not seek a review, you may forever lose your ability to claim WorkCover benefits for that injury. It is therefore very important that you seek legal advice immediately upon receiving a decision from WorkCover so that you can protect your rights.
If you are a worker who has had an application for Workers Compensation accepted, you can be assessed for permanent impairment once your injury is stable and stationary. The assessment of permanent impairment is important as this determines the amount of any lump sum payment payable by WorkCover to you, and/or determines the common law damages you can seek for pain and suffering as a result of your work injury. The timeframe to review is short so it is crucial that you act quickly if you do not agree with the Notice of Assessment you have received from WorkCover.
What if I disagree with the review decision of the Regulator? If you have applied to the Workers Compensation Regulator for a review and you are still unsatisfied with the outcome, you have the right to appeal this review decision in certain circumstances. This involves lodging a notice of appeal with the Queensland Industrial Relations Commission (‘QIRC’). Upon the hearing of the matter, the QIRC will make its decision.
The Compensation Team at Wallace & Wallace Lawyers are experienced in all aspects of Workers Compensation legislation. If you are, or know someone who is, unhappy with a decision of WorkCover, call us now on (07) 4963 2000 or contact us via our online contact form for practical legal advice on how you should proceed.