Additional injuries

In some cases, a worker may want to add injuries to a common law claim after a Notice of Assessment (NOA) (a document issued by an insurer when a worker has been assessed with a permanent impairment resulting from a work-related injury) has already been given.

These injuries must have been caused by the same event and cannot previously have been rejected.

If a worker chooses 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 a damages payment.

If a worker chooses 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?

• A worker already has a NOA.
• The common law claim occurs after a statutory workers’ compensation claim.
• A worker accepts that no formal decision is needed on the new injuries.
• The injuries won’t have a significant impact on a damages payment.
• The injuries aren’t the main injuries.
• A worker can provide evidence that supports the injuries.
• An employer agrees.
• An insurer agrees.

If the claim proceeds to court, then a worker may need to have the injury formally determined.