Adding Injuries to a Common Law Claim

In certain situations, you might wish to include additional injuries in a common law claim following the issuance of a Notice of Assessment (NOA).

These added injuries must stem from the same incident and should not have been previously rejected.

Opting to incorporate injuries at this juncture eliminates the need for a medical assessment, potentially saving both time and money. Additionally, it could be feasible to consider these injuries in the context of your damages payment.

If you choose this process, no formal acceptance decision is necessary, and a new NOA won't be provided.

When can this process be employed?

• You already possess a Notice of Assessment.
• The common law claim arises subsequent to a statutory workers' compensation claim.
• You acknowledge that no formal decision is required for the new injuries.
• The injuries won't significantly impact your damages payment.
• The injuries are not the primary ones.
• You can present supporting evidence for the injuries.
• Your employer and WorkCover are in agreement.

In the event that the claim progresses to court, a formal determination of the injury may become necessary.