Receiving a WorkCover Notice of Assessment can raise important questions about your rights and the next steps in your workers’ compensation claim. By this stage of your claim, you may still be managing the effects of your workplace injury while trying to understand what the document means for your future.
A Notice of Assessment is more than just an update on your WorkCover claim. It sets out your Degree of Permanent Impairment (DPI) and may include a statutory lump sum compensation offer. Most importantly, the decisions you make after receiving your Notice of Assessment can affect your legal rights, including whether you may be able to pursue a common law damages claim.
Understanding your options before responding is important. While every claim is different, knowing what a Notice of Assessment is, how it is prepared and what choices are available can help you make a more informed decision.
What Is a WorkCover Notice of Assessment?
A Notice of Assessment is a formal document issued by WorkCover Queensland or a self-insured employer once your workplace injury has been medically assessed as having reached maximum medical improvement (MMI). This means your condition has stabilised and is unlikely to improve significantly with further treatment.
The Notice of Assessment outlines whether you have sustained a permanent impairment as a result of your work-related injury accepted under your claim. If a permanent impairment is assessed, the notice will include your Degree of Permanent Impairment (DPI) expressed as a percentage. Depending on the outcome of the assessment, it may also include an offer of statutory lump sum compensation.
For many injured workers, receiving a Notice of Assessment signals that the statutory phase of their WorkCover claim is nearing completion. However, it does not necessarily mean all of your legal options have come to an end.
When Will You Receive a Notice of Assessment?
There is no fixed timeframe for when a Notice of Assessment will be issued. It depends on the nature of your injury, your recovery and when your treating practitioners consider your condition to have stabilised.
WorkCover will generally arrange a permanent impairment assessment once:
- your injury has reached maximum medical improvement (MMI);
- your treatment and rehabilitation have largely concluded; and
- any permanent effects of your injury can be accurately assessed.
For some people, this may occur within a few months. For more complex injuries, it may take considerably longer.
Once the medical assessment has been completed, WorkCover Queensland or the relevant self-insurer will issue you a Notice of Assessment.
What Information Does a Notice of Assessment Include?
A Notice of Assessment contains important information about your injury and the outcome of your statutory claim.
This may include:
- the workplace injury or injuries accepted by WorkCover
- your assessed Degree of Permanent Impairment (DPI)
- whether you are entitled to a statutory lump sum compensation payment
- an explanation of your available options
- any election forms that require your response
- the timeframe for making your decision.
Because the Notice of Assessment outlines your legal rights and available choices, it is important to read the document carefully and ensure you understand it fully before responding. This is why you should always speak to an experienced personal injury lawyer prior to responding to the Notice of Assessment.
What Is a Degree of Permanent Impairment (DPI)?
One of the most significant parts of a Notice of Assessment is your Degree of Permanent Impairment, commonly referred to as your DPI.
Your DPI is a percentage that reflects the permanent impairment resulting from your accepted physical and psychological injuries. This may include the impact of physical injuries, psychological injuries, or a combination of both, depending on the circumstances of your claim. It is determined by a qualified medical specialist using assessment guidelines prescribed under Queensland workers’ compensation legislation.
It is important to understand that a DPI is not a measure of how much pain you experience or how your injury has affected your lifestyle, career or financial circumstances. Instead, it is a medical assessment used to quantify permanent impairment according to established guidelines.
Your DPI may influence:
- whether you receive a statutory lump sum offer
- the amount of any lump sum compensation
- the legal options available following your statutory claim.
Should You Accept the Lump Sum?
For many workers, receiving a statutory lump sum compensation offer can feel like a significant decision, particularly if they are managing the ongoing effects of their injury or financial pressures.
There is no single answer that is right for everyone. The best course of action depends on your individual circumstances, the nature of your injuries and the legal options available to you.
It can be tempting to accept a lump sum offer hastily, particularly if your injury has placed you under financial pressure. However, it is important to understand how that decision could affect your future rights before making an election.
Similarly, declining a lump sum is not automatically the best option either. Every claim should be considered on its own facts.
If Your DPI Is Less Than 20%
For workers assessed with a Degree of Permanent Impairment of less than 20%, accepting a statutory lump sum may affect your ability to pursue a common law claim against your employer.
Because this decision can have significant legal consequences, it is important to fully understand your rights before accepting any offer.
Seeking legal advice before making your election can help you understand how your decision may affect your entitlement to future compensation.
If Your DPI Is 20% or Higher
Different options may be available where your Degree of Permanent Impairment is assessed at 20% or greater.
Queensland workers’ compensation legislation provides different options depending on an injured worker’s DPI.
Understanding which option applies to your situation can be complex. Before making any decision, it is worth obtaining advice so you understand both your immediate entitlements and the potential long-term consequences.
What Happens If You Disagree With the Assessment?
Receiving a Notice of Assessment does not necessarily mean you will agree with every aspect of it.
You may have concerns about:
- the injuries that have been accepted
- your assessed Degree of Permanent Impairment
- whether the medical assessment accurately reflects your ongoing condition
- the compensation being offered.
You only have 20 business days to challenge a Notice of Assessment, therefore it is important that you seek legal advice immediately upon receipt of the Notice of Assessment.
It is important not to assume that you must immediately accept the assessment simply because it has been issued. Equally, not every assessment will be incorrect. The appropriate response depends on the individual circumstances of your claim and the reasons you disagree with the outcome.
Depending on the circumstances of your claim, there may be review processes available. In some cases, this may include an assessment with another specialist or referral to the Medical Assessment Tribunal where a panel of doctors will assess your injuries. Obtaining legal advice can help you understand whether any review options apply to your situation.
How Long Do You Have to Respond?
A Notice of Assessment is accompanied by important timeframes for making your election. If you wish to undergo a reassessment for your physical injuries you must elect to do so within 20 business days.
These deadlines exist under Queensland workers’ compensation legislation and may affect the options available to you. Missing a deadline could have consequences for your claim or your future legal rights.
If you are unsure about what your Notice of Assessment means or which option is appropriate, it is generally advisable to seek legal advice as soon as possible rather than waiting until the response period is close to expiring.
Should You Seek Legal Advice?
Not every injured worker will require legal representation after receiving a Notice of Assessment. However, obtaining legal advice before making your election can provide valuable clarity about your rights and available options.
Legal advice may be particularly beneficial if:
- you do not fully understand your Notice of Assessment
- you are unsure whether to accept a lump sum compensation offer
- you believe your permanent impairment assessment does not accurately reflect your injury
- your injuries continue to affect your ability to work or earn an income
- you are considering whether you may have the right to make a common law damages claim.
A Notice of Assessment represents an important stage in your WorkCover claim, and the decisions you make may have lasting consequences. Before making your election, it is important to ensure you understand how each option may affect your future rights and entitlements.
Speak With L&H Injury Lawyers
Receiving a Notice of Assessment can raise important questions about your workers’ compensation claim, particularly if you are unsure about your rights, your impairment assessment or the options available to you.
At L&H Injury Lawyers, we help injured workers understand the legal implications of their Notice of Assessment and make informed decisions about their next steps. Our team can review your circumstances, explain your options in plain English and provide advice about whether you may be eligible to pursue further compensation for your injuries, future treatment needs, lost wages and superannuation in a common law claim.
If you have received a Notice of Assessment and are unsure what it means for your future, contact L&H Injury Lawyers to arrange a confidential obligation-free discussion about your workers’ compensation matter.
Notice of Assessment & WorkCover: FAQs
What is a Notice of Assessment in a WorkCover Claim?
A WorkCover Notice of Assessment is a formal document issued by WorkCover Queensland or a self-insurer after an injured worker has undergone a permanent impairment assessment. It outlines the Degree of Permanent Impairment (DPI) assessed for your workplace injury and may include an offer of statutory lump sum compensation.
The Notice of Assessment also explains the options available to you and any timeframes that apply for making a decision.
Is a Notice of Assessment the end of my WorkCover claim?
Not necessarily. A Notice of Assessment generally marks an important stage in the statutory workers’ compensation process, but it does not always mean your claim has completely ended.
Depending on your circumstances, you may have further options available, including the possibility of pursuing a common law claim. The options available will depend on factors such as your injury, impairment assessment and individual circumstances.
How is my Degree of Permanent Impairment calculated?
Your Degree of Permanent Impairment is calculated based on a medical assessment conducted by an appropriately qualified medical professional using legislated assessment guidelines.
The assessment provides a percentage rating that reflects the extent of permanent impairment caused by the worker’s injuries and is used to help determine whether statutory lump sum compensation may be available.
Can I challenge my WorkCover Notice of Assessment?
If you disagree with your Notice of Assessment, you may have options available depending on the reason for your concerns.
For example, you may have questions about the assessment details, the accepted injuries, or whether the medical assessment accurately reflects your condition. It is important to understand your options before rejecting or accepting the assessment outcome.
Seeking independent legal advice can help you understand the process and determine what steps may be available in your circumstances.
Should I accept the lump sum compensation offer?
Whether you should accept a lump sum compensation offer depends on your individual circumstances.
While accepting the offer may provide immediate financial benefits, it may also affect your future legal rights in some situations. Before deciding, it is important to understand how your choice may impact your ability to seek further compensation through a common law claim. When you have gained a full understanding, it may be clearer to you whether to accept or reject the offer.
What happens if I do not respond to my Notice of Assessment?
A Notice of Assessment includes important timeframes for making your decision. If you do not respond within the required timeframe, there may be consequences for your workers’ compensation claim and the options available to you.
If you are unsure how to respond, it is recommended that you seek independent legal advice as soon as possible.
Do I need a workers’ compensation lawyer for a Notice of Assessment?
You are not required to engage a lawyer after receiving a Notice of Assessment. However, obtaining advice from an experienced workers’ compensation lawyer can help you understand your rights and options before making an important decision.
Legal advice may be particularly helpful if your injuries are ongoing, you are considering a common law claim, or you are unsure whether the assessment accurately reflects the impact of your injury.
What is the difference between statutory compensation and a common law claim?
Statutory workers’ compensation provides benefits available under the Queensland workers’ compensation scheme, without needing to establish fault.
A common law claim is a separate legal pathway that may allow an injured worker to seek compensation for losses such as pain and suffering, past and future economic loss and other damages, where the legal requirements are met.
The options available will depend on the circumstances of your injury and claim.
