6.3.7 Damages writ
The Panel solicitor WorkSafe’s External Investigation Management Unit manages trial process for a damages writ.
If the worker serves a damages writ on WorkSafe, WorkSafe:
- allocates the writ to the panel solicitor within 48 hours of receipt
- advises the Agent that the writ has been received within 48 hours of receipt.
Agent provides information
If requested by the panel solicitor, the Agent must:
- inform the panel solicitor of any changes in the worker’s employment profile
- arrange any relevant medicals, investigations or other reports if requested by the panel solicitor
- update case estimates in line with the panel solicitor’s advice.
In addition, the Agent must liaise with the panel solicitor in relation to any significant claims management decisions, including the arranging of IMEs and surveillance, the approval of surgery and the provision of occupational rehabilitation services.
If the Agent receives any relevant documents (such as medical reports including treater questionnaires) or becomes aware of significant information (such as the worker obtaining new or different employment, ceasing or reducing employment hours or earnings, being diagnosed with any other medical condition whether work relate or not, or making a new claim for no-fault compensation), the Agent must immediately communicate that information to the panel solicitor.
Panel solicitor prepares for trial
The panel solicitor will:
- arrange all necessary activities to prepare for the trial
- keep WorkSafe informed of any recommendations
- keep the Agent and the employer informed of key dates and significant developments
- attend all hearings and judgment.
Peer review
WorkSafe will conduct a mandatory peer review no later than 12 weeks before the hearing date or at any stage as it requires.
Judgment
After judgment, the panel solicitor will:
- verbally or by email advise WorkSafe, the Agent and the employer immediately after judgment
- provide written advice to WorkSafe and the Agent within 48 hours of judgment
- provide WorkSafe with a transcript of judgment immediately after receipt
- review the judgment for possible appeal grounds and advise WorkSafe.
Worker can appeal
If judgment does not meet the workers expectations the worker can appeal.
The panel solicitor will:
- advise WorkSafe of possible appeal grounds within five days of judgment
- notify WorkSafe of any strategically significant issues if there is an appeal.
No appeal
If there is to be an appeal, WorkSafe will include in the Strategically Significant File list.
Agent pays settlement
If the matter is settled, the Agent must:
- pay the settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. monies to the worker within seven days of being advised; or as per the relevant clause in the signed release/terms of settlement/court order (generally 28 days)
- pay the legal costs within 30 days of advice
- stop the worker’s payments, if necessary.