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Summary

You can see from the information contained above that an injury at work can result in a complicated legal process.

After the Written Final Offers expire (14 days after the conference) you must file proceedings in Court within 60 days of the conference (Section 300(3)(a) WCRA).

Consequently, it is essential that you obtain legal advice as soon as possible.

Our recommendation is that you obtain legal advice during the course of the statutory claim and certainly before your injury is assessed for permanent impairment.

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Other matters to consider for an injured worker

  1. Return to Work
    You should be aware that you may participate in a Return to Work Program organised by WorkCover or a Self-Insurer whilst pursuing a common law claim for damages.If you participate in a Return to Work Program the Officer assigned to your case will not discuss the details of your common law case.
  2. Surveillance of an injured worker WorkCover or a Self-Insurer may engage a private investigator to conduct some video surveillance of you.The purpose of the surveillance, which is quite legal, is to determine if your apparent physical limitations are consistent with what you have been telling treating doctors.

    You should also be aware that WorkCover or a Self-Insurer do not have to disclose that they have this video surveillance.

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If I am dismissed from my employment while on WorkCover

There is nothing that WorkCover or a Self-Insurer can do to prevent you from being dismissed from your employment.

There are strict time limitations and a claim for Unfair Dismissal must be lodged within 21 days of being dismissed.

It is essential that you obtain legal advice as soon as possible.

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