Liability notice

WorkCover and the injured worker must endeavour to resolve the claim as quickly as possible. To start this process WorkCover must give the injured worker a written notice stating whether liability in connection with the event to which the claim relates is admitted or denied. This must be done within six months after one of the following:

• WorkCover receives a complying Notice of Claim for Damages or waives the injured worker’s non-compliance with the requirements of section 275 of the Workers’ Compensation and Rehabilitation Act 2003
• the court makes an order under section 297 (Court to have made declaration about non-compliance) of the Workers’ Compensation and Rehabilitation Act 2003, or
• the court makes an order under section 298 (Court to have given leave despite non-compliance) of the Workers’ Compensation and Rehabilitation Act 2003.

If liability is admitted, the written notice will state whether contributory liability is claimed from the injured worker or another party and will also state the extent, expressed as a percentage, to which liability is admitted.

If liability is denied, completely or partly, the written notice will give particulars of the basis on which liability is denied and also state whether WorkCover accepts or rejects any offer of settlement that may be made by the injured worker.

If the injured worker did not make an offer of settlement in the Notice of Claim for Damages or WorkCover is rejecting the offer, the written notice must contain a genuine offer or counter-offer of settlement, or a statement of reasons why an offer or counter-offer cannot yet be made.

The written notice must also be accompanied by copies of all medical reports, assessments of cognitive, functional or vocational capacity, or other material in WorkCover’s possession not previously given to the injured worker that may help the injured worker to make a proper assessment of the offer.

WorkCover must also, within seven days after giving the injured worker the written notice, give a copy of the notice to the injured worker’s employer.

If WorkCover or the injured worker receive a written offer or counter-offer of settlement, a response in writing to the offer must be made within 14 days or receiving it, either accepting or rejecting the offer.