|
| 1. If I am a worker, how do I resolve a dispute? |
If there is a dispute between your employer/insurer regarding your claim, WorkCover WA's independent Dispute Resolution Directorate - the DRD – is the sole legal jurisdiction for resolving or settling disputed compensation claims.
Resolution means ending a problem or having a decision made formally.
This is the aim of the DRD as it helps workers and employers resolve disputes fairly and promptly. It is headed by a Commissioner who is also a District Court Judge.
Resolving a dispute can be an involved process. There are forms and applications to be completed, documents to be gathered, and conferences and hearings to attend. Despite the DRD’s commitment to dealing with disputes promptly, they can still take a while as the various early steps in the process take their course.
See the 'how a dispute is resolved' section of this site. |
| 2. What is a Medical Assessment Panel? |
| In some cases, in the conciliation and arbitration phase where there is conflict in medical evidence or opinion is the cause of a difference of opinion, the matter may be referred by the arbitrator to a Medical Assessment Panel. This is made up of three doctors chosen by the Director of the Dispute Resolution Directorate. It is important that the worker attends for examination by the panel. If a worker does not attend, their payments may be suspended. The panel’s decision is binding and final on all parties. |
| 3. While my claim is being disputed, how can I access payment for temporary expenses? |
You can lodge a Part XII Application to help cover you for more minor payments or to cover medical and related expenses you have already paid. A decision to award payment is made by an arbitrator and is based on evidence that you submit with the form. Click in the forms section to your right to obtain a Part XII Application form.
For further information about dispute resolution call Advisory Services on
1300 794 744. Click on the link to your right to email us and attain a free copy of our Dispute Resolution DVD. Just include your full name and postal address with the word ‘DVD’ in the subject heading. You may also be able to watch the DVD by clicking here. If you know what you need to do next, click on the dispute resolution forms in the forms section on the right of your screen. |
| 4. How can I reply to a dispute application I have received? |
|
You may choose to use either a registered agent or lawyer to lead a response to your application. Please note: there are timeframes in which you must file this notice in response to the application.
For a list of registered agents, please click in the related links section to your right. For the costs associated with lawyers and registered agents please click in the related links section.
| The details about how to respond to an application are outlined in the responding to an application area of this site.
| 5. How can I get a copy of the free DVD: Guide to Dispute Resolution? |
| Please click on the related links section on the right of your screen. |
| 6. Who can I speak to for more information? |
| Call Advisory Services on 1300 794 744 |
|