Resolving your dispute

Disputes may arise about the following:

  • weekly benefits compensation, including decisions about liability and work capacity;
  • suitable dut​ies following a work injury;
  • medical, hospital and related expenses;
  • liability for permanent impairment compensation;
  • degree of permanent impairment​;
  • pain and suffering compensation​;
  • compensation for damage to personal property;
  • compensation for death of a worker;
  • compensation for domestic assistance.​

 

We recommend that you discuss ways of resolving your dispute with the other parties involved.

 

Unresolved workers compensation disputes can be brought to the Commission for resolution or determination.

 

Disputes regarding the degree of permanent impairment may be referred to an Approved Medical Specialist for medical assessment. In some circumstances disputes regarding the degree of permanent impairment may be determined by an Arbitrator.

 

Most other claims, such as weekly benefits compensation, medical expenses, or where liability is disputed in relation to a claim for permanent impairment, will be referred to an Arbitrator.​​​​​

 


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Workers Compensation Legislation Amendment Act 2018​

 

1 January 2019

 

The Workers Compensation Legislation Amendment Act 2018 received assent on 26 October 2018. Among other amendments, the amendment Act provides for two significant changes to the jurisdiction of the Commission. These changes take effect from 1 January 2019.

 

Work capacity disputes

The Commission will determine disputes about work capacity decisions of insurers when the disputed decision was made on or after 1 January 2019. The changes also allow for work capacity disputes to be referred for expedited assessment under Part 5 of Chapter 7 of the 1998 Act.

 

Permanent impairment disputes

The Commission will have jurisdiction to award lump sum compensation without the requirement to refer disputes concerning the degree of permanent impairment for assessment by an Approved Medical Specialist. In appropriate circumstances, matters will be referred to a teleconference before an Arbitrator in lieu of referral to an Approved Medical Specialist. An Arbitrator may refer the dispute for assessment by an Approved Medical Specialist, where appropriate. 

 

For further information see the WCC e-bulletin – Issue 81 December 2018​​​​

 

As a result of legislative changes, the Commission has updated and created several Practice Directions, Forms and guides to completing forms which are now available. For further details see ​Issue 82 - January 2019.​​​​​​​​

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