If you have received a Notice of Assessment from WorkCover Queensland or a self-insured employer, you may have also been offered a lump sum compensation payment.
Many injured workers ask whether they should accept the offer straight away or whether accepting it could affect any future rights.
The answer depends on your individual circumstances.
What is a WorkCover lump sum?
After your injuries have stabilised, WorkCover Queensland (or the relevant self-insurer) may arrange for your injuries to be assessed by an independent medical assessor.
If permanent impairment is assessed, you may receive a Notice of Assessment, which sets out:
- Your Degree of Permanent Impairment (DPI);
- Whether a lump sum compensation payment is available; and
- The amount of any lump sum offered.
Not every injured worker will receive a lump sum offer, as this depends on the circumstances of the claim and the level of permanent impairment assessed.
Should you accept the lump sum immediately?
There is no single answer that applies to every claim.
Before deciding whether to accept a lump sum, it may be important to consider:
- Whether the permanent impairment assessment accurately reflects your injuries;
- Whether you have fully recovered;
- Whether you may have rights to pursue a common law damages claim;
- The time limits that apply; and
- The legal consequences of accepting or rejecting the offer.
Making an informed decision early may help avoid unintended consequences later.
Can accepting a lump sum affect a common law claim?
Yes. In some Queensland workplace injury claims, accepting a lump sum may affect your ability to pursue a common law damages claim against your employer.
Whether accepting the lump sum affects your ability to bring a common law claim for damages will depend upon the Degree of Permanent Impairment assessed.
Because the consequences can be significant, many people choose to understand their available options before making an election.
What if you disagree with the assessment?
If you believe your injuries have not been properly assessed, review or appeal rights may be available in some circumstances.
Different time limits apply depending on the type of decision and the review process involved.
No. You are generally not required to accept a lump sum immediately, although important time limits may apply.
A Notice of Assessment is a formal decision that records your Degree of Permanent Impairment and advises whether a lump sum compensation payment is available.
In some circumstances, review or appeal rights may be available if you disagree with aspects of the assessment or decision.
Because accepting or rejecting a lump sum may affect your legal rights, many injured workers choose to understand their options before making a decision.
The information on this page is general in nature and does not constitute legal advice.