Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 275

275 Notice of claim for damages

(1) Before starting a proceeding in a court for damages, a claimant must give notice under this section within the period mentioned in section 302 (1) .

(2) The claimant must—

(a) give the notice of claim in the approved form to the insurer at the insurer’s registered office; and

(b) if the worker’s employer is not a self-insurer, give a copy of the notice of claim to the worker’s employer.

(3) The notice must include the particulars prescribed under a regulation.

(4) The claimant must state in the notice—

(a) whether, and to what extent, liability expressed as a percentage is admitted for the injury; or

(b) a statement of the reasons why the claimant can not admit liability.

Note—

See also section 232V .

(5) Any statement made by the claimant in the notice that is in the claimant’s personal knowledge must be verified by statutory declaration.

(6) The notice must be accompanied by a genuine offer of settlement or a statement of the reasons why an offer of settlement can not yet be made.

(7) The notice must be accompanied by the claimant’s written authority allowing the insurer to obtain information, including copies of documents relevant to the claim, and in the possession of—

(a) a hospital; or

(b) the ambulance service of the State or another State; or

(c) a doctor, provider of treatment or rehabilitation services or person qualified to assess cognitive, functional or vocational capacity; or

(d) the employer or a previous employer; or

(e) persons that carry on the business of providing workers’ compensation insurance, compulsory third party insurance, personal accident or illness insurance, insurance against loss of income through disability, superannuation funds or any other type of insurance; or

(f) a department, agency or instrumentality of the Commonwealth or the State; or

(g) a solicitor, other than where giving the information or documents would breach legal professional privilege.

(7A) If a law practice is retained by the claimant to act in relation to the claim, the notice must be accompanied by—

(a) a law practice certificate, or a copy of a law practice certificate, for the claim from the supervising principal of the law practice given under section 325H , 325I or 325J ; and

(b) if the claimant has received a copy of a law practice certificate for the claim under section 325M (2) (b) —the copy of the certificate.

(8) The notice must also be accompanied by copies of all documents supporting the claim including, but not limited to—

(a) hospital, medical and other reports relating to the injury sustained by the worker, other than reports obtained by or on behalf of the insurer; and

(b) income tax returns, group certificates and other documents for the 3 years immediately before the injury supporting the claimant’s claim for lost earnings or diminution of income-earning capacity; and

(c) invoices, accounts, receipts and other documents evidencing the claimant’s claim for out-of-pocket expenses; and

(d) for a claimant other than a worker with a terminal condition or a dependant—the notice of assessment for the injury sustained by the worker.