22 December 2016

If you disagree with the workers compensation insurer’s work capacity decision, you have the right to get it reviewed.

Recent changes to the law now make the insurer liable to pay your legal costs for advice regarding a review of a work capacity decision. This applies to insurer decisions made from 16 December 2016. This is a welcome change in favour of injured workers as work capacity decisions can have a significant impact on the amount of compensation that is payable.

Prior to this change, injured workers were largely left to fend for themselves against insurance companies when it came to work capacity decisions. This was unfair considering insurers have access to in-house legal advice. 

What Is a Work Capacity Decision?

Work capacity decisions are decisions made by an insurer. Insurers can make work capacity decisions at any point in time. A work capacity decision is a decision by an insurer about whether you can work, for how long, and at what type of work you can perform.
“Work Capacity”” is determined by the insurer by several factors including your functional, vocational and medical status and is usually based on a medical report/s obtained by the insurer.

What Is a Work Capacity Dispute?

A dispute arises when you disagree with the insurer about their decision regarding your work capacity.

Examples of where disagreements can happen include:

  • what employment may be suitable for you;
  • how much you can earn in suitable employment;
  • whether you have the capacity to work at present

Do not delay is getting legal advice

Legal costs will not be payable by the insurer if you seek legal advice more than 30 days after you were notified of the insurer’s internal review decision, as such you should act quickly to preserve your rights.

We are experts in workers compensation claims. In fact, compensation law is all the we do. Contact us on Free Call 1800 122 555 or complete our Free Claim Advice Form to find out where you stand in your workers compensation claim.

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