Common law secondary injuries
You may be able to include a further injury that has not been identified or managed at the statutory level in a common law claim for damages.
Dominant or primary injuries
If the additional injury is considered to be the dominant or primary injury or is likely to impact the settlement amount, it will go through the same decision and review process as in the statutory phase.
Additional injuries with little impact
In many cases, the additional injury has little impact on the settlement amount. However it may take longer to resolve the claim.
If there is evidence to support the injury, WorkCover and the worker may agree to go ahead with the claims process without formal determination of the injury.
If information supporting the injury is not provided, the injury will not be included in the assessment of the claim.
The settlement will include all injuries from the claimed event. If the claim does not settle, we will take all reasonable steps to assess the injuries within 60 days after the negotiation/conference.
Factors we consider
We consider the following factors when making a decision about whether to proceed with the pre proceedings process without formally assessing the injuries:
- if a stakeholder requires a formal decision (for example an employer)
- if a notice of assessment has already been issued for the same event
- WorkCover consider it more appropriate to make a formal decision.