Workcover would have decided to close your case based on a few possible scenarios (the list is not exhaustive):-
- Your doctor may have certified you as having no further restrictions and that you are capable of a full return to work.
If that is not the case, you must consult your doctor immediately; advise the doctor of your symptoms and whether or not to have the claim reopened.
- Workcover may have considered you at maximum medical improvement – a “we’ve done all we can” type approach and you have gone back to work.
Again, speak to your GP if the symptoms still affect your ability to work.
But if the symptoms are no longer capable of improvement, i.e. with therapy or surgery, but you are back at work, you should ask that Workcover assess you for permanent impairment. They will arrange an appointment for your assessment. You are strongly advised to speak to an experienced lawyer regarding this process.
- You have exhausted Workcover’s maximum entitlements due to prolonged incapacity and absence from work.
This is obviously a difficult time for you and it is strongly encouraged that you seek the advice of a lawyer as to whether you have rights to a common law claim or rights to accessing your TPD insurance through your superannuation or otherwise.
In all 3 scenarios, it is important to understand that Workcover is a statutory claim process which is not the equivalent of a compensation claim. The principles of common law compensation do not apply to Workcover benefits.