Compliance

WorkCover must respond to the injured worker within 14 days of receiving the Notice of Claim for Damages, giving the injured worker written notice:

• stating whether the insurer is satisfied that the notice of claim is a complying notice of claim and
• if there is an urgent need to start a proceeding - stating that WorkCover is only willing to waive compliance with the requirements if the injured worker agrees to satisfy conditions imposed by the WorkCover under section 276 of the Workers’ Compensation and Rehabilitation Act 2003
• if WorkCover is not satisfied - identifying the non-compliance and stating whether WorkCover waives compliance with the requirements
• if WorkCover does not waive compliance with the requirements - allowing the injured worker a reasonable period of at least 14 days either to satisfy WorkCover that the injured worker has complied with the requirements or to take reasonable action to remedy the non-compliance
• stating whether WorkCover is prepared, without admitting liability on the claim, to meet the cost of the injured worker’s reasonable and appropriate rehabilitation.

If WorkCover is not prepared to waive compliance with the requirements in the first instance, WorkCover must, within 14 days after the end of the period of identifying non-compliance, give the injured worker written notice stating that WorkCover is either:

• satisfied that the injured worker has complied with the relevant requirements, or is satisfied with the action taken by the injured worker to remedy non-compliance, or
• not satisfied that the injured worker has taken reasonable action to remedy the non-compliance, with full particulars of the non-compliance and the injured worker’s failure to remedy it.

If WorkCover does not provide the written notice within 14 days after receiving the Notice of Claim for Damages, the notice is taken to be a complying Notice of Claim for Damages.

WorkCover must, within seven days after receiving the complying Notice of Claim for Damages or waiving the non-compliance with the requirements of section 275 of the Workers’ Compensation and Rehabilitation Act 2003 advise the employer or employers against whom negligence is alleged.