Have you recently received a Form 36 Notice to worker about termination date election? Foyle legal Personal Injury Lawyers received many enquires about terminate date notice. There many misconceptions about this termination date notice. The most common misconceptions from injured workers are:
- Their employment will be terminated
- Their workers compensation weekly payment will be cut off year from the claim is made.
The actual purpose of termination date notice is to inform injured worker that their injury must be reviewed by an approved WorkCover medical practitioner prior to termination date. And, termination date is one year from the date their workers compensation claim is made.
If you are not reviewed by an approved medical practitioner prior to the termination date, there will be no impact to your claim under the no fault workers compensation claim system. However, injured worker should be mindful that the amount you can claim under this system is limited.
If you have reviewed by an approved medical practitioner prior to the termination date, and your assessed whole body impairment is greater than 15%, you may be entitled to pursue a workers compensation common law claim against employer if you can prove that your injury is caused by the negligence of your employer. In general, the amount you can claim under the common law claim is higher than the no fault workers compensation claim amount.
Please note that once you have made a workers compensation common law claim, this may impact on your no fault workers compensation claim amount. If you have received the termination date notice, it is highly recommended that injured worker to consult a workers compensation lawyer prior to your decision is made.
Foyle Legal has prepared a short video on the topic about termination date.
For those who is interested in the technical definition of “Termination Date”, here are the extracts from both workers compensation act and WorkCover WA for your reference.
- Workers Compensation Act: “(1) If a claim for compensation by way of weekly payments has been made wholly or partially with respect to an injury, the termination day for an election to retain the right to seek damages in respect of that injury is the last day of the period of one year after the day on which the claim for compensation by way of weekly payments is made unless a later day is fixed by subsection (3) or under subsection (4).”
- WorkCover Website: “The termination day is the date at which you cease to be eligible to pursue common law damages. The termination day generally falls one year from the date your claim for weekly payments of compensation was made on your employer, however there are some exceptions. For more information contact Advice and Assistance on 1300 794 744.”