Injuries on or after 1 July 2001 and before 1 July 2003

Time for bringing action

The Limitation of Actions Act 1974 states that an action for damages for negligence, trespass, nuisance or breach of duty, which consists of or includes damages for personal injury or injury resulting from the death of any person, must be brought within three years from the date on which the cause of action arose.

Compliance of the Notice of Claim for Damages

WorkCover must respond in writing to the injured worker (or the injured worker’s solicitor) to advise whether or not all the necessary information and documentation has been provided with the Notice of Claim for Damages. The response must be given within 14 days for claims relating to injuries that occurred on or after 1 July 2001 and before 1 July 2003. A reasonable period of time - at least 14 days - must be given to remedy any non-compliance (refer section 282 of the WorkCover Queensland Act 1996 as amended).

Liability notice

WorkCover must give the injured worker a notice about liability within six months (three months for a worker with a terminal condition) of receiving a compliant Notice of Claim for Damages. In certain circumstances WorkCover must make a counter-offer (section 285 of the WorkCover Queensland Act 1996). If WorkCover makes an offer or counter-offer, the injured worker must respond in writing within 14 days (refer section 285).

Compulsory conference

If the date of injury is on or after 1 July 2001 and before 1 July 2003, either party can organise a compulsory conference within three months of WorkCover’s liability notice if the claim cannot be resolved (refer section 293 of the WorkCover Queensland Act 1996 as amended).

At least seven days before the compulsory conference, each party must give each other:

• copies of all documents
• a statement that all relevant documents in the possession of the party or the party’s solicitor have been given
• details of legal representation and
• if a party has legal representation, a signed certificate of readiness for the conference.

The solicitor representing the injured worker must provide them with:

• a written report setting out costs incurred to date
• an estimate of extra costs to be incurred through the conference
• an estimate of net damages if the matter proceeds to trial or if the matter settles without proceeding to trial
• the cost consequences to the party of proceeding to trial where the damages awarded are more or less than the injured worker’s final offer.

Final offers

If the claim is not settled at the end of the compulsory conference, WorkCover and the injured worker must exchange final written offers. Those offers must be open for at least 14 days. Legal proceedings cannot be commenced within this time (refer section 294 of the WorkCover Queensland Act 1996).

Commencing proceedings

If a claim is not resolved during the pre-proceedings process, the injured worker may commence proceedings as provided by the Uniform Civil Procedure Rules (refer section 302 of the WorkCover Queensland Act 1996).

The Claim and Statement of Claim must be served on the employer within 60 days of the compulsory conference and on WorkCover within 30 days of the employer being served (refer section 306).