Suing your employer for negligence -

The first step is to advise WorkCover that you reject their offer of lump sum compensation. This is usually done by your solicitor.

The next step is to lodge a “Notice of Claim for Damages” and serve it on your employer and on WorkCover. After this form is lodged, WorkCover and your employer are allowed six months to further investigate your claim. At the end of this six month period, a “compulsory settlement conference” must be held, involving you and your solicitor, and WorkCover, their solicitor and your employer. This compulsory conference must be held within three months of WorkCover having finished further investigating your claim. In over 90% of cases, the injured person is able to resolve their claim at this compulsory settlement conference, or within a couple of weeks after the conference.