6.4.2.5 Worker makes settlement application
If the worker completes the settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. application form they must send the application to the Agent. The Agent checks:
- the application to ensure that the correct form has been completed within the specified time period
- that the application includes completed financial and legal advisers’ certificates and
- that the financial and legal advisers are qualified.
If there are any minor deficiencies with the application, the Agent should advise the worker or the legal and financial advisers.
If the application is out of the time period, advise the worker.
Approving the settlement
Before a settlement is approved, the worker must still meet the eligibility criteria.
If the application is in order, assess it and make a formal offer of settlement within 28 days of receipt.
See: Acceptance of settlement offer release
Send the offer of settlement to the worker/worker’s legal representative by registered post or email and confirm receipt of the offer.
Settlement rejected
If all legal avenues have been explored and the Agent believes the worker’s settlement application should be rejected the worker must be provided with:
- a notice of the rejection and
- reasons for the rejection.
Worker responds to offer of settlement
If the worker rejects the offer or does not respond with 28 days from the receipt date of the offer, they have no further entitlement to a settlement under any subdivision for the settlement injury.
If the worker wishes to proceed with the settlement, they must:
- sign the Acceptance of Settlement Offer Release letter
- ensure the Agent receives the signed Acceptance of Settlement Offer Release letter before the expiry of 28 days from the date they received the offer.
