Injuries on or after 1 July 2008

The Workers’ Compensation and Rehabilitation Regulation 2003 was amended recently to change the time period that an insurer has to add another person as a contributor.

Previously, section 112A specified (for the purposes of section 278A of the Workers’ Compensation and Rehabilitation Act 1997) that the time period was the later of:

a. 60 days after the insurer receives the notice of claim, or

b. five business days after the insurer identifies someone as a contributor.

The amendment reduces the time period under paragraph (a) to 30 days, and will apply to notices of claim received by an insurer on or after 1 July 2008.

Please refer to section 13, Amendment of s 112A (Insurer may add another person as contributor—Act, s 278A) of the Workers’ Compensation and Rehabilitation Amendment Regulation (No.1) 2008.

There were two major changes affecting common law claims.

Over period of time injuries

Where an injury has been sustained over a period of time, the date of injury (for the purposes of defining which pre-proceedings and entitlment provisions apply) is taken to be the date the injured worker first consulted a doctor regarding those injuries.

Assessment of additional injuries

Sections 245 and 246 of the legislation were varied for injuries that occurred on or after 1 January 2008. Specifically, where:

• the injured worker has sustained a number of injuries from an event
• at least one of those injuries has been assessed for permanent impairment, and
• there is at least one injury also arising from that event that has not been assessed.

the injured worker is not entitled to request that the injury be assessed.

For more information, call us on 1300 362 128.