Lodgement of the Notice of Claims for Damages

Before starting a proceeding in court for damages, an injured worker must give the Notice of Claim for Damages in the approved form to WorkCover (section 275 of the Workers’ Compensation and Rehabilitation Act 2003) and must also give a copy to the worker’s employer, if the worker’s employer is not a self-insurer.

The injured worker must state in the Notice of Claim for Damages whether, and to what extent, liability expressed as a percentage is admitted for the injury or a statement of the reasons why the injured worker cannot admit liability. Any statement made by the injured worker in the Notice of Claim for Damages that is in the injured worker’s personal knowledge must be verified by statutory declaration.

The Notice of Claim for Damages must be accompanied by:

• a genuine offer of settlement or statement of the reasons why an offer of settlement cannot yet be made
• the injured worker’s written authority allowing WorkCover to obtain information, including copies of documents relevant to the claim, and in the possession of:
• a hospital
• the ambulance service of the state or another state
• a doctor, provider of treatment or rehabilitation services or person qualified to assess cognitive, functional or vocational capacity
• the employer or a previous employer
• persons that carry on the business of providing workers’ compensation insurance, compulsory third party insurance, personal accident or illness insurance, insurance against loss of income through disability, superannuation funds or any other type of insurance
• a department, agency or instrumentality of the Commonwealth or the state
• a solicitor, other than where giving the information or documents would breach legal professional privilege.
• copies of all documents supporting the claim including, but not limited to:
• hospital, medical and other reports relating to the injury sustained by the worker, other than reports obtained by or on behalf of the insurer
• income tax returns, group certificates and other documents for the three years immediately before the injury supporting the injured worker’s claim for lost earnings or diminution of income-earning capacity, and
• invoices, accounts, receipts and other documents evidencing the injured worker’s claim for out-of-pocket expenses.

For more information see:

Instructions for the notice of claim for damages - Workers' Compensation and Rehabilitation Act 2003