WorkCover Assessed Your Injury at 0% Impairment? Here’s Why You Might Still Have a Case
If you’ve been injured at work in Queensland and filed a claim with Workcover, you may have undergone an Independent Medical Examination (IME) and received a Notice of Assessment. This notice assigns your Degree of Permanent Impairment (DPI), which determines your eligibility for a lump sum compensation. If your DPI is 1% or higher, you’ll get an offer, but if it’s assessed at 0%, you won’t receive any lump sum compensation from Workcover. However, this doesn’t mean you’re out of options.
A 0% DPI assessment can feel disheartening, but it doesn’t mean your injury isn’t serious or worthy of compensation. In fact, many workers who receive a 0% DPI still have viable cases for a common law claim, which could potentially result in significant financial compensation. A common law claim allows you to sue your employer directly for damages, including pain and suffering, loss of income, and medical expenses, especially when your injury was caused by unsafe working conditions or negligence.
We have had clients receive a 0% DPI and no lump sum offer from WorkCover, and then go on to receive more than $200,000 in common law damages.
Even if your Workcover assessment shows 0% impairment, it’s possible to seek a reassessment from an independent medical expert. Personal injury lawyers, like those at Best Injury Lawyers, can help you find a specialist who might give a more favourable evaluation, potentially increasing your DPI by 5-10%.
Questions About a 0% WorkCover Assessment?
A 0% DPI assessment does not always mean your options end there.
Some workers may still be able to explore a common law claim.
We offer a free initial consultation, no win no fee terms, and a 30% + GST fee cap.
Contact our office for further information.
Understanding Common Law Claim
A common law claim is a legal avenue available to workers after completing the statutory workers’ compensation process, particularly when their injury results from an employer’s negligence or unsafe workplace conditions. Unlike statutory compensation, which is capped and based on Workcover’s assessment, a common law claim can provide compensation for a broader range of damages, including long-term pain, suffering, and future lost earnings.
If you decide to pursue a common law claim, it’s crucial to act quickly. You have six months from the date of your Notice of Assessment to initiate the statutory claim. There is a 3 year time limit to commence a common law claim – but sometimes the time limit is shorter, or can be extended, depending on your specific circumstances. Seeking legal advice as soon as possible ensures that you don’t miss critical deadlines. If you haven’t received a Notice of Assessment yet, it’s wise to consult with a lawyer to make sure you receive one, as these notices aren’t always automatically provided by Workcover.
If you haven’t made a statutory claim within time, you may still have a right to pursue a common law claim only. You should seek immediate advice about this as strict time limits apply.
Moving Forward with a Common Law Claim
If you’re considering a common law claim for a workplace injury in Queensland, Best Injury Lawyers can provide a free claim check to help you understand your rights and potential compensation. Specialising in workplace injury cases, Best Injury Lawyers operate on a No Win, No Fee basis, ensuring that you can pursue justice without financial risk. We also apply an industry leading cap to our fees, of 1/3 so you get more in your hand at the end of the day.
Talk to Our Team
Our team can provide a free initial consultation and honest, upfront information about the process, your options, and our engagement terms. We act on a no win no fee basis, fund disbursements on the client’s behalf, do not charge an uplift fee, and provide clear communication through a dedicated lawyer and paralegal.
