You have spoken to a lawyer, signed the paperwork, and now it feels as though your whole life is being asked for. Forms arrive asking about your Medicare, Centrelink and tax records. Doctors you have never met want to see you. Then it can go quiet for months. If you have wondered whether any of this is normal, it usually is.
This guide explains what a Queensland damages claim is like from the injured person’s side. It applies to common law WorkCover claims, CTP claims and public liability claims. The steps differ a little under each law, but the experience is similar. For the legal stages themselves, see our overview of Queensland personal injury law.
Why your lawyer asks for Medicare, Centrelink and tax records
This is often the first thing that worries people, and it is a normal part of the process. There are three reasons.
- The law requires it. A notice of claim under the Personal Injuries Proceedings Act 2002 (Qld) must authorise the other side and its insurer to access records relevant to the claim (section 9). In WorkCover and CTP claims you must give information about your medical history as far as it is relevant, and about your financial loss (section 279 of the Workers’ Compensation and Rehabilitation Act, section 45 of the Motor Accident Insurance Act).
- You have to prove what you have lost. Tax returns and payslips are how earnings are shown, past and future. They are often the biggest part of a claim, so the other side will want them even if you think income is not the main issue.
- Some money may have to be repaid. Part of any settlement may have to go back to Medicare, Centrelink or WorkCover. Your lawyer needs those figures to work out what an offer really means for you. See the financial risks of making a claim.
Your Medicare history shows past treatment, which is also how earlier injuries are identified. It does not mean anybody doubts you. Information given in a claim is also not open to the public, and if a record is sensitive, such as counselling notes, talk to your lawyer about it.
If you are uncomfortable signing something, ask your lawyer to explain it. You can ask questions, but a flat refusal can stall the claim, because the parties have to cooperate before it can go forward.
Why old injuries keep coming up
Expect questions about earlier accidents, claims, sore backs and time off work. The other side will try to show that some of your problems would have happened anyway, and your lawyer needs to know about it first.
Having a past condition does not stop you claiming. Aggravating an existing problem can still be compensated. What matters is that you are accurate. Tell your lawyer everything, even if you think it is minor or embarrassing. If you later realise you got something wrong, tell them straight away.
Who will find out about your claim
In a common law WorkCover claim, your employer will know. Unless your employer is a self-insurer, it gets a copy of the notice of claim, and WorkCover must tell it the time and place of the compulsory conference. It also has to cooperate with WorkCover and provide information. Your employer does not normally pay the damages, because its insurer does.
In other claims, the person or business you are claiming against will be told, and their insurer takes over. The insurer may ask a current or former employer about your work and income, which often surprises people but is normal, particularly in a long claim where earnings are in dispute.
Your claim does not appear on a public register unless it reaches court, and most never do.
The medical appointments
You will usually see your own treating doctors, plus specialists arranged by your lawyer, plus doctors arranged by the other side. In WorkCover and CTP claims, the insurer can ask you to see a doctor selected by you from a panel, at its expense, and in a WorkCover claim you must go unless the request is unreasonable or unnecessarily repetitious. Read what happens at an independent medical examination before you go.
Keep seeing your own doctors and follow their treatment advice. Gaps in treatment are one of the things insurers point to, and they are much harder to explain later.
Could you be watched?
Insurers do sometimes use private investigators, especially in larger claims. They generally film what can be seen in public, and they also look at social media.
The answer is not to hide or stop living your life. Do what your doctors have told you is fine, be accurate when you describe what you can and cannot do, including your good days, and keep doing your rehabilitation. Surveillance is mainly a problem when it contradicts what someone has said.
Why it can go quiet for months
Long gaps are usually normal. Doctors often will not give a final opinion until your condition has settled, and specialist appointments and reports take time. In a WorkCover claim, the insurer has up to 6 months after a complying notice of claim to say whether it admits liability, and in CTP and public liability claims either side can generally call a conference once 6 months has passed from the notice.
Silence is a problem if nobody can tell you what the claim is waiting on. It is reasonable to ask your lawyer what the next step is and roughly when to expect it. If you have asked more than once and got no answer, put it in writing. If that fails, you are allowed to change lawyers.
How long the whole thing takes
Straightforward matters that settle at compulsory conference typically resolve within 12 to 24 months of the incident. Complex matters take longer, particularly where the injury is still changing or liability is denied. A slow claim is not always a bad one, because settling before the medical picture is clear can leave you with too little.
What the conference is like
Before court, the parties must attend a compulsory conference to try to settle. It usually happens in an office and not in a courtroom. There is no judge, and you will often sit with your lawyer in a separate room while offers go back and forth. If the claim does not settle, written final offers are exchanged. We answer the common questions in our guide to why claims settle and how conferences work.
When the money arrives, and what comes off first
It typically takes about 8 to 12 weeks to receive your payment after settlement or judgment, partly because refunds must be cleared first. Legal fees, claim expenses and refunds all come out of the settlement. In a WorkCover claim, damages are also reduced by the compensation already paid for the injury. Before you accept any offer, ask for the figure you would actually receive. Our No Win No Fee page shows how a settlement is divided under our fee terms.
Is this normal? Other questions we hear
No. Lawyers commonly ask a barrister to look at prospects or the value of a claim, particularly before a conference. It does not by itself mean the claim is weak. Ask what it is for, and how the cost is treated under your costs agreement.
Ask your lawyer. Usually communication about the damages claim goes through your lawyer, but your statutory claim may still involve a case manager. Tell your lawyer about any call or letter you receive and keep answering honestly.
If you are able to, yes. You have a duty to take reasonable steps to limit your loss, and working within your medical limits is part of that. Tell your lawyer about any change in your work or earnings.
Probably not. Most personal injury claims settle before trial. A court proceeding may still be started to protect a time limit or if offers are rejected, but that does not always mean a trial.
Do not assume your insurer will keep paying. Future treatment costs are normally included in the damages claim, so ask your lawyer exactly what happens to treatment funding before you sign a settlement.
Tell your lawyer straight away. Honest mistakes can usually be corrected, particularly if they are raised early. Claimants also have to tell the insurer about significant changes in their condition or circumstances. Problems are much worse when an error comes out later through records or at a medical examination.
If something about your claim does not feel right and you cannot get an answer, contact us. We can look at where things stand, whether or not we are acting for you now.
This article is general information only and is not legal advice. Your rights and time limits depend on your circumstances.