Secondary or unassessed injuries
Sometimes, a further injury that has not been identified or managed during the statutory claim is included in a common law damages claim.
In many cases, the additional injury has little impact on the settlement figure of the claim, however they can add to the length of time it takes to resolve the claim. In some cases the injury is subject to the same decision making and review processes as at the statutory phase. In other instances however the injury may be 'fast tracked'.
Fast tracking is an agreement between the worker and WorkCover where evidence that supports the injury will be provided by the worker prior to informal negotiations or a settlement conference. If this information is not provided the injury will not be included in the assessment of the claim. If the claim is settled, the settlement will include all injuries from the claimed event.
If the claim does not settle, WorkCover will take all reasonable steps to assess the injury within 60 days after the negotiation/conference.
Factors considered when making a decision about fast tracking are:
- a stakeholder requires a formal decision (for example an employer)
- a notice of assessment has already been issued for the same event
- WorkCover consider it more appropriate to make a formal decision.
- Last updated
- 14 June 2019