The Notice of Assessment Trap: Why Accepted Injuries Matter
In this technical episode of P.I. Case Note, we analyse the Queensland Court of Appeal decision in Apelu v Lusty Tip Trailers Pty Ltd [2024] QCA 158, which highlights a critical procedural requirement under section 237 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). The case demonstrates how workers can lose their right to pursue common law damages if they don’t carefully review their Notice of Assessment and ensure all injuries are properly listed.
The court’s strict interpretation of the notice requirements serves as a warning to all injured workers and their legal representatives. This decision emphasises that the injuries listed in a Notice of Assessment define the scope of any subsequent common law claim, and failing to have all injuries included can have devastating consequences for compensation rights. The case underscores the importance of thorough medical documentation and careful review of all WorkCover documents.
Listen for our detailed breakdown of this crucial procedural decision. If you’ve received a Notice of Assessment or are navigating the workers’ compensation system, don’t risk losing your rights through technical errors. Contact accident legal for a free consultation to ensure all your injuries are properly documented and protected.
