In some cases, you may want to add injuries to a common law claim after a Notice of Assessment (NOA) has already been given.
These injuries must have been caused by the same event and can’t previously have been rejected.
If you choose to add injuries at this stage, they won’t need to be medically assessed, which may save time and money. It may also be possible to have these injuries considered for your damages payment.
If you choose to use this process, then no formal acceptance decision is required, and a new NOA won’t be given.
When can the process be applied?
- you already have a Notice of Assessment
- the common law claim occurs after a statutory workers’ compensation claim
- you accept that no formal decision is needed on the new injuries
- the injuries won’t have a significant impact on your damages payment
- the injuries aren’t the main injuries
- you can provide evidence that supports the injuries
- your employer agrees
- WorkCover agrees.
If the claim proceeds to court, then you may need to have the injury formally determined.