All litigated claims are managed by a WorkCover panel solicitor—an external solicitor who has tendered to undertake work for WorkCover; however, a WorkCover employee will continue to oversee the process and contact employers regularly regarding progress.
- If the claim does not resolve following the compulsory conference, the injured worker can commence court proceedings by serving the employer and WorkCover with a claim and statement of claim (SOC) within 60 days of the conference.
- Within 28 days of the service of a SOC, WorkCover will file a:
(a) notice of intention to defend and defence, and
(b) statement of expert and economic evidence (which outlines the evidence to be used to defend the case).
- Any other parties involved in the claim must also file a third party claim and statement of claim. (Third party proceedings and procedures are governed by the Uniform Civil Procedure Rules.) Usually this marks the close of pleadings.
- As with the pre-proceeding phase, full disclosure must take place. This occurs through the delivery of a list of documents within 28 days after the close of pleadings. Within 28 days of the close of pleadings, the plaintiff must serve a written statement of loss and damage that clearly details the amounts being claimed for damages.
- Wherever possible mediation is attempted, which should be convened no later than six weeks after the close of pleadings.
- If the claim is unable to be resolved at mediation, WorkCover will deliver a request for trial date and the case will be set down for trial. The trial will then take place on a date set by the Court, after which judgement will be given.
- Last updated
- 14 June 2019