Commencing a claim for damages

Before starting a proceeding in a court for damages (see section 295 of the Workers’ Compensation and Rehabilitation Act 2003) an injured worker must comply with:

• Chapter 5 Part 2 (Entitlement Conditions) - refer sections 237 to 266
• Chapter 5 Part 5 (Pre-Court Procedure) - refer sections 273 to 287
• Chapter 5 Part 6 (Settlement of Claims) - refer sections 288 to 293, section 296.

If there is an urgent need to commence proceedings, the injured worker may apply to WorkCover to waive compliance with section 275 pursuant to the provisions of sections 243, 247, 251, 255, 259 and 263. There is limited exception made for commencing proceedings in circumstances where the court makes a declaration or grants leave to the injured worker to proceed (refer sections 297 and 298).