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Litigation

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.

  1. 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.
  2. 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).

  3. 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.
  4. 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.
  5. Wherever possible mediation is attempted, which should be convened no later than six weeks after the close of pleadings.
  6. 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

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