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Important Points To Remember about Negligence Claims

There are a number of points that you should be aware of and should consider when considering an overall settlement of your workers compensation rights. They include:

  1. By finalising your entitlements in a lump sum it will bring an end to all rights arising out of the claim. So all entitlements to lump sum compensation for pain and suffering, medical expenses, weekly payments and care around the house will cease.
  2. After resolution you may be prevented from claiming for any Centrelink benefits into the future for a period of time. There is a formula that is used by Centrelink to calculate that period. If you have received benefits from Centrelink at some time after the accident and before settlement of your work-injury damages claim then you may be required to repay those benefits to Centrelink. The insurer is required by law to check with Centrelink in every settlement to confirm whether any money is owing to them and send the money directly to them before it is released to you.
  3. All claims for medical expenses will cease at the date of the settlement, so it is important that you ensure all medical expenses that have been incurred have been paid by the insurer. That may include pharmacy accounts, specialistís visits and any other treatment.
  4. Medicare will often pay for some benefits before the insurer is involved in the case. Initially after treatment you will attend the hospital, GP or some other medical professional and those expenses, when the insurer is considering the claim may be paid by medicare. Those benefits will be repayable to medicare and should be taken into account during settlement.

For further information regarding these important points contact your Solicitor, Workcover or ISN.

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