6.4.2.4 Process for settlements
Issue EOI pack
If the worker meets the threshold criteria, the Agent must send the worker a EOI pack An Expression of Interest Pack sent to workers who may be eligible for a settlement. for ICRP Intensive Case Review Program settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. by registered post.
The EOI Expression of Interest pack contains:
ICRP settlements
- settlement notice, which advises the worker of timeframes to lodge an expression of interest
- ‘Intensive Case Review Program Settlements: Your Questions Answered’ brochure
- an extract from the Ministerial Directions specifying requirements for lodgement of EOIs
See: MD extract - lodgement of EOI - Expression of Interest form
See: Expression of Interest Form
Other settlements
- a checklist for the pack contents - use EOI Settlements Covering Letter
- commonly asked questions about settlements use - Frequently Asked Questions
- an extract from the Ministerial Directions specifying requirements in relation to lodgement of EOIs use - MD extract - lodgement of EOI
- Expression of Interest form use - Expression of Interest form.
Worker lodges EOI
The worker must decide whether to proceed with the EOI. If the worker decides not to proceed with the EOI, they need not do anything.
If the worker wishes to proceed with settlement, they must:
- lodge an EOI (this must be done within 12 months of the date the settlement notice was given to the worker in the case of ICRP settlements)
- include certified proof of their identity and date of birth.
Agent receives EOI
The EOI is checked to ensure it is on the right form and that all supporting documents have been provided.
If the EOI is invalid because it lacks proof of identity or date of birth, the worker must be advised to resubmit with the correct documents within the required timeframe.
If the time period for lodging an EOI has expired, the worker must be advised to make an application for an extension or waiver of that time period.
Send settlement application pack
If the worker meets the eligibility criteria, calculate the settlement amount and send the settlement application pack that is appropriate for the settlement type.
ICRP Settlement Pack
The ICRP settlement application pack contains:
- response to EOI stating the settlement amount
Use standard letter: Response to Expression of Interest - settlement application form
See: ICRP Settlement application form - Gazette copy of Ministerial Directions under the legislation which can be obtained off the Victorian Government Gazette website at gazette.vic.gov.au – search ‘archives’ and the ‘Special Gazettes’ for Special Gazette s39 dated 28 February 2002. Note there were minor amendments made to these Ministerial Directions in Special Gazette s99 of 14 June 2002 and Special Gazette s140 of 14 August 2002 which are also available on the website in ‘archives’
- ‘Who can provide legal and financial advice’
- brochures for legal and financial advisers, see: Settlements section on the WorkSafe website
- request forms for payment/reimbursement of legal and financial advice costs
See: Request form: Payment of Legal Costs | Request form: Payment of Financial Costs - settlement table
Other settlements pack
Send the worker an Application for Settlement pack that contains:
- Checklist - Application for a Settlement Pack
- response to EOI stating the settlement amount
- Settlement Application form
- Gazette copy of Ministerial Directions under the legislation which can be obtained off the Victorian Government Gazette website at gazette.vic.gov.au – search ‘archives’ and the ‘Special Gazettes’ for Special Gazette s39 dated 28 February 2002. Note there were minor amendments made to these Ministerial Directions in Special Gazette s99 of 14 June 2002 and Special Gazette s140 of 14 August 2002 which are also available on the website in ‘archives’.
- 'Who can provide legal and financial advice'
- brochures for legal and financial advisers - see: Settlements section on the WorkSafe website
- request forms for payment/reimbursement of legal and financial advice costs
See: Request form: Payment of Legal Costs | Request form: Payment of Financial Costs - settlement table.
Worker responds to settlement application pack
If the worker decides not to proceed with the settlement application, they need not do anything. They may, however, submit payment/reimbursement requests for legal and financial advice received after the date of response to the EOI.
If the worker wishes to proceed with settlement, they must seek legal and financial advice and make an application for settlement within six months of receiving the Agent’s written response to the EOI using the Settlement Application form and attach their financial and legal advisers’ certificates to the application.
See: Financial and legal advice
If an application is not made within six months, the worker can resume the process at any time by giving a further EOI to the Agent. A new settlement amount will be calculated from the date of the receipt of the latest expression of interest.