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Disputing WorkCover Decisions

Any decision made by a WorkCover insurer may be referred to the Accident Compensation Conciliation Service. Conciliation is meant to be a process controlled by the independent conciliator which allows discussion of the dispute.

The conciliator helps you to find a way to resolve the dispute but has only limited powers to make a binding decision.

You do not need a lawyer to go to conciliation, but you may find it helpful. You may want to take a friend with you.

What you need to do is:

  1. Within 60 days of the decision being notified to you, complete a Request for Conciliation form.
  2. Send the form and any medical reports supporting you, and a short written summary of what should happen and why, to the Accident Compensation Conciliation Service.
  3. A date for a conciliation meeting will be set, and you will be notified.

We can assist you:

  • to lodge the conciliation request;
  • to obtain all relevant material and file it with the Conciliation Service;
  • by attending conciliation with you.

If you are not happy with a conciliation outcome, seek legal advice before the outcome is finalised. You may be able to take the dispute to court for a decision.

Any decision made by a WorkCover insurer may be referred to the Accident Compensation Conciliation Service. Conciliation is meant to be a process controlled by the independent conciliator which allows discussion of the dispute.

The conciliator helps you to find a way to resolve the dispute but has only limited powers to make a binding decision.

You do not need a lawyer to go to conciliation, but you may find it helpful. You may want to take a friend with you.

What you need to do is:

  1. Within 60 days of the decision being notified to you, complete a Request for Conciliation form.
  2. Send the form and any medical reports supporting you, and a short written summary of what should happen and why, to the Accident Compensation Conciliation Service.
  3. A date for a conciliation meeting will be set, and you will be notified.

We can assist you:

  • to lodge the conciliation request;
  • to obtain all relevant material and file it with the Conciliation Service;
  • by attending conciliation with you.

If you are not happy with a conciliation outcome, seek legal advice before the outcome is finalised. You may be able to take the dispute to court for a decision.

Can I appeal to the Court?

Yes. If conciliation is unsuccessful, you may issue proceedings in the Magistrates’ Court, or;

County Court

Sometimes medical questions are referred from conciliation or court to a Medical Panel. A Medical Panel is made up of a number of doctors who will read the documentation, examine you and make a decision on the medical question which is then binding on the parties and on the Court.

Costs – How can I pay my lawyer?

Legal costs can be expensive, but we will do all we can to help. What we can do includes:

  • Free first interview
  • No charges until you win (in approved cases). Please discuss what this means at our first interview.
  • Paying for the medical reports, court fees, and other expenses on your behalf as we run the claim (in approved cases)

We will discuss costs in detail with you at our first interview. We will always answer your questions about costs. We will clearly advise you of the total costs when you come to settle your claim.

Try our WorkCover Claims Check tool

Injured at work? You may be entitled to a range of compensation benefits. Use our free WorkCover Claims Assessment Tool below to assess whether you may or may not have a potential claim.

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