Final offers

If the claim is not settled at a conference, each party must make a written final offer at the conference. The final offer must remain open for 14 days and proceedings must not be started while the offer remains open.

If the injured worker brings a proceeding in a court for the claim, the injured worker must, at the start of the proceeding, file at the court a sealed envelope containing a copy of the injured worker’s offer.

WorkCover must, after being served with the legal process that starts the proceedings, file at the court a sealed envelope containing a copy of WorkCover’s offer. The court must not read the offers until it has decided the claim. However, the court must have regard to the offers in making a decision about the costs.