Have you ever had a compensation claim that has ended up in dispute resolution?
If you have, you are not alone.
Approximately 17,000 people in NSW each year find themselves in the unfortunate situation where either they are unhappy with the amount being offered as compensation, or their claim for compensation has been outright refused.
The process of dispute resolution can be extremely complicated and burdensome. In NSW, there are numerous bodies who handle dispute resolution, depending on the type of claim.
It is a testing position to find yourself in under any circumstance, but especially so when you are also dealing with the implications of a personal injury.
As of March this year, the newly legislated Personal Injury Commission (PIC) commenced, overseeing both workers’ compensation and Compulsory Third Party (CTP) related claim disputes.
Key implications for claimants
A new single tribunal, the PIC replaces the dispute resolution services previously provided by the Workers Compensation Commission Dispute Resolution Service, Motor Accident Claims Assessment and Resolution Service, and Motor Accidents Medical Assessment Service. The hope is that the PIC will streamline and simplify the claims process. Under the single tribunal, two specialist divisions will operate with one independent judicial head.
The PIC has been formed with the intention of resolving compensation disputes in a more cost effective, quick, and informal manner than what was previously available to claimants via court proceedings. Proceedings may be by video or telephone conference rather than a formal hearing.
Introduction of the PIC and key implications on legal representation
- Despite the abovementioned changes to the dispute resolution process, there has been no change to the relevant law and entitlements in workers’ compensation or Compulsory Third Party claims.
- Claimants are entitled to be represented by a lawyer or an agent such as a union representative.
- Specific to workers’ compensation claims, the Commission must refuse an insurer legal representation in cases where the claimant does not have representation (unless leave is granted by the commission).
Tonkin Drysdale Partners has over 60 years experience and expertise in workers’ compensation and motor vehicle accidents.
We have the skills and knowledge to provide you with practical and realistic advice regarding your claim and what you can expect if you wish to proceed.
Please be aware that strict time limits apply and early notification and claim is usually essential.
Contact TDP’s Personal Injury team for assistance.