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What if Liability is denied by WorkCover

WorkCover must provide within 6 months of a compliant Notice of Claim a response with respect to liability.

If liability is denied, which is generally the case, you should consider the need to get a report addressing liability issues.

For example, if your accident at work was the result of slipping on a floor surface you may need to get a report addressing the suitability of that floor surface in a workplace.

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Compulsory Conference

As mentioned above the parties must participate in a compulsory conference.

Either party may call the conference and the conference must be held 3 months after the Insurer gives its liability response.

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Conduct at the Conference

When the conference is held the parties will assemble at the one venue to discuss the merits of your claim.

The conduct of the conference is on a “without prejudice” basis which means that matters said during the conference cannot be used later.

However, clearly matters raised in the conference may lead to further investigations being carried out afterwards.

If the matter does not resolve the parties are required to exchange Written Final Offers which are open for a period of 14 days.

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