6.2.2.4 Liability rejected: worker appeals decision

Step	Agent action
Worker	If the worker wants to refer a rejection of liability for conciliation, they must do so within 60 days of receiving the determination. This time period can be extended by the senior conciliation officer. WIRC s202 AC s104B(3) WIRC s282
Conciliation officer	A conciliation officer may refer a medical question to the Medical Panel in relation to liability. Note: Agents should be closely involved in the wording of the ‘medical question’ at this stage. See: Medical panel WIRC s284
Worker	If liability is not resolved through conciliation and a certificate of genuine dispute is issued, the worker can bring legal proceedings in the Magistrates’ or County Court. Note: Liability disputes cannot be used as an opportunity to resolve the level of impairment or compensation. Under no circumstances can a worker use a liability dispute to negotiate a settlement.
Agent	If legal proceedings are issued, the Agent must forward relevant documents to WorkSafe’s Impairment Benefit Team within 24 hours of receipt.
WorkSafe	The Impairment Benefit Team allocates the proceedings to a panel solicitor, who will represent the Agent and WorkSafe.
Agent	If the Agent, conciliation or a court determines that the decision of liability is varied, the Agent must within 90 days of the variation of liability: obtain an assessment or assessments as to the degree of permanent impairment (if any) of the worker resulting from the injury or injuries for which liability is accepted or determined take into account the assessment or assessments obtained and determine the degree of permanent impairment (if any) of the worker for each injury determine whether the worker has an injury which is a total loss mentioned in the no disadvantage compensation table calculated the entitlement compensation for non-economic loss advise the worker of the determination. See: Create notice of entitlement for details on what is to be notified to the worker when determining liability and entitlement. If the Agent’s determination of liability for all rejected injuries is maintained, then the worker has no further recourse for dispute of the determination of those injuries.

Next | Back to top