Work Injury Damages and Claims

When work injury damage claim can be made?

The rule of thumb is claims for work injury damage cannot be made but for lump sum compensation claims that are made either before or simultaneously. Court proceedings will only commence after six months of giving the employer the notice of injury. Court proceedings will ensue if the employer denies the liability for the work injury damage claim or if the employer complies, but the worker is dissatisfied with the employer’s admission of liability.

 

Court proceedings must occur within the period of 3 years from the date of injury. This may be only delayed when the court grants leave. Even if the leave is granted, there must be a satisfactory explanation why the proceedings were delayed. Explanations are also crucial when the delay puts the defendant on further prejudice.

Further, the court may only suspend the proceedings to allow for determining claims, assessing medical disputes - both referred and appealed. Suspension of time may be also considered while the pre-filing statement remains current.
How claim for work injury damage can be made?

The activities will differ on the part of the worker and the insurer. Nevertheless, they will act based on the four key steps.

Step 1: Notices of intention to claim work injury damages

On the part of the worker, the notices shall include the particulars of the injury. On the part of the insurer, they must act on the claim within 2 months from the date of accepting the notices. The insurer’s succeeding activities will depend on whether it accepts liability, makes a reasonable offer of settlement or disputes liability.

Step 2: Pre-filing settlement

The worker shall serve the pre-filing statements. On the other hand, the insurer will check the particulars of the pre-filing statement including the satisfaction of the 15% WPI threshold, provision of all particulars, and 2 months period had elapsed from the serving of notices of intention.

Step 3: Application for mediation

Application for mediation can be only filed after 28 days from the date of serving pre-filing statement. Mediation would not be required if the insurer has not responded after 42 days from the date of serving the pre-filing statement. As such, the insurer must respond to the application within 21 days after the application for mediation is applied. The insurer may decline to participate when the claim is wholly disputed.

Step 4: Court proceedings

Court proceedings will commence after 42 days of serving the pre-filing statement or any time after the issuance of the certificate of mediation outcome. The insurer must file a defense within 28 days of serving the statement of claim. Should you want to know more, you can check out this article.