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The Negligence Claim Process

The process for a work-injury damages claim is intended to bring the worker and the employer to a mutually satisfactory resolution before any Court proceedings are commenced. The process basically requires the worker to provide the employer and insurer with a notice which outlines the issues of negligence and the claim that is made against them. The insurer is then given an opportunity to consider the claim.
The worker must then provide the insurer with all the evidence or information they wish to rely upon in a document. Once that document is issued the worker cannot in most cases rely upon any further information.
The parties then proceed to a mediation which is held in the Workers Compensation Commission. This is a face to face discussion about the case and the claim before a mediator, who is an independent person who’s job is to assist the parties to reach settlement.
If the matter is unable to settle then at that point the claim will proceed to Court.
For further information regarding the process contact your Solicitor, Workcover or ISN

Further Reading

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