Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 278

278 Response to notice of claim

(1) This section applies if a notice of claim is given to an insurer.

(2) The insurer must, within 10 business days after receiving the notice, give the claimant written notice—

(a) stating whether the insurer is satisfied that the notice of claim is a complying notice of claim; and

(b) if there is an urgent need to start a proceeding—stating that the insurer is only willing to waive compliance with the requirements if the claimant agrees to satisfy conditions imposed by the insurer under section 276 ; and

(c) if the insurer is not so satisfied—identifying the noncompliance and stating whether the insurer waives compliance with the requirements; and

(d) if the insurer does not waive compliance with the requirements—allowing the claimant a reasonable period of at least 10 business days either to satisfy the insurer that the claimant has complied with the requirements or to take reasonable action to remedy the noncompliance; and

(e) stating whether the insurer is prepared, without admitting liability on the claim, to meet the cost of the claimant’s reasonable and appropriate rehabilitation.

(3) If the insurer is not prepared to waive compliance with the requirements in the first instance, the insurer must, within 10 business days after the end of the period specified in subsection (2) (d) , give the claimant written notice stating that—

(a) the insurer—

(i) is satisfied the claimant has complied with the relevant requirements; or

(ii) is satisfied with the action taken by the claimant to remedy the noncompliance; or

(iii) waives the noncompliance; or

(b) the insurer is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, with full particulars of the noncompliance and the claimant’s failure to remedy it.

(4) If the insurer does not give the written notice mentioned in subsection (2) within 10 business days after receiving the notice of claim, the notice of claim is taken to be a complying notice of claim.

(5) The insurer must, within 5 business days after receiving a complying notice of claim or waiving noncompliance with the requirements of section 275 , advise the employer or employers against whom negligence is alleged.