What Injured Workers Should Understand Before Making a Decision
When a worker in Queensland suffers a work‑related injury and lodges a statutory workers’ compensation claim, the claim will usually continue until the injury is assessed as stable and stationary. At that point, WorkCover Queensland may issue a Notice of Assessment. A Notice of Assessment is a formal statutory document. It can affect a worker’s ongoing rights and options under Queensland workers’ compensation law, including access to common law negligence claims. Understanding its purpose and implications is therefore important.
This article provides general information about Notices of Assessment under Queensland law.
What is a Notice of Assessment?
A Notice of Assessment is issued under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). It sets out:
- the assessed level of permanent impairment, expressed as a percentage; and
- whether a lump sum compensation amount is offered under the statutory scheme.
The assessment is based on medical evidence obtained by WorkCover, often from an independent medical specialist, and applied in accordance with prescribed impairment evaluation guidelines.
How permanent impairment is assessed
Permanent impairment assessments are not purely clinical opinions. They involve the application of statutory guidelines to medical findings.
In practice, this may include consideration of:
- diagnostic imaging and clinical examinations;
- how injuries are classified under the guidelines;
- whether multiple injuries are assessed separately or together; and
- whether the injury is considered unlikely to improve with further treatment.
The assessment process can therefore involve both medical judgment and legal interpretation.
Why the assessment outcome matters
The percentage of permanent impairment stated in a Notice of Assessment can influence:
- eligibility for a statutory lump sum payment; and
- whether certain legal options may be available under the scheme.
In some circumstances, the way an assessment is framed can have consequences beyond the immediate statutory offer.
Decisions following a Notice of Assessment
After receiving a Notice of Assessment, a worker is usually required to make an election within a prescribed timeframe.
Depending on the circumstances, this may involve deciding whether to:
- accept a statutory lump sum compensation offer; or
- decline the offer and preserve other potential rights under the legislation such as common law negligence, where available.
Once an election is made, it may affect what options remain open. In many cases, accepting a lump sum payment will bring the statutory claim to an end and may limit further avenues of compensation.
Time limits and procedural requirements
Notices of Assessment are subject to strict statutory timeframes. Missed deadlines can affect a worker’s position under the scheme.
Why informed consideration is important
A Notice of Assessment often represents a transition point in a workers’ compensation claim — from income support and treatment to longer‑term rights and outcomes.
The implications of an assessment can depend on factors such as:
- the nature and extent of the injury;
- whether there are multiple or complex injuries;
- future treatment prospects; and
- how the statutory scheme applies to the individual facts.
General information only
This article provides general information about Notices of Assessment under Queensland workers’ compensation law. It does not constitute legal advice, and outcomes depend on the particular facts and circumstances of each matter.
Experience in this area
James Law regularly advises on Queensland workers’ compensation matters, including the legal effect of Notices of Assessment and the statutory framework in which they operate.