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    Why Do I need To engage a Lawyer Before Accepting My Mandatory Final Offer From WorkCover?

    Apr 23, 2024 | Compensation Law

    Why do I need to engage a Lawyer before accepting my mandatory final offer from WorkCover?

    In some cases, WorkCover may make you a Lump Sum Offer. This can be overwhelming, as it involves making an important decision in a set timeframe.

    The Lump Sum Offer is the final part of the Statutory Workers’ Compensation Claim. WorkCover will make this offer when your injury is deemed stable by a medical expert. A stable injury means it is not getting better and not getting worse – the injury has stablised and no further treatment will improve it.

    The sum of the Lump Sum Offer is calculated by reference to your assessed Degree of Permanent Impairment (DPI). Under this scheme each percentage of DPI equals a sum of money. That sum is not calculated by reference to your age, how long you have left in the workforce, your ability to work, future treatment needed or the impact of the injury on your life.

    Do I need to accept my Lump Sum Offer from WorkCover?

    When your DPI is assessed under 20%, you must make a decision as to whether you accept the statutory offer or pursue a Common Law Claim. An experienced WorkCover injury lawyer will be able to advise you about whether you should accept the Lump Sum Offer or whether you have a valid Common Law Claim worth pursuing. 

    As the consequences of accepting the Lump Sum Offer mean giving up a Common Law Claim, we strongly recommend seeking legal advice before you make any decisions. By seeking legal advice you can make a fully informed decision.

     

    Further reading about the WorkCover claims process in Queensland

    https://www.worksafe.qld.gov.au/claims-and-insurance/compensation-claims/payments-and-support/lump-sum-payments

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    Kathryn MacDonell

    Kathryn MacDonell

    Chief Executive Officer