WorkCover Notice of Assessment (NOA) Explained

If you have been injured at work in Queensland, you may eventually receive a Notice of Assessment (NOA) from WorkCover Queensland.

For many injured workers in Townsville and across North Queensland, this document represents a critical turning point in their compensation claim. The decision you make after receiving a Notice of Assessment can significantly impact your future entitlements — particularly your ability to pursue a common law damages claim.

Below, our experienced Townsville workers’ compensation lawyers explain what a Notice of Assessment means, how lump sum offers are calculated, and why you should seek legal advice before responding.

Understanding WorkCover Claims in Queensland

In Queensland, there are two main types of workplace injury claims:

1. Statutory workers’ compensation claims

2. Common law damages claims

Each operates differently and provides different types of compensation.

Statutory Workers’ Compensation Claims in QLD

If you suffer a work-related injury in Queensland, you can usually make a statutory claim through WorkCover Queensland, even if your employer was not at fault.

Under a statutory claim, injured workers may receive:

• Payment of medical and rehabilitation expenses

• Weekly compensation for lost wages

• Travel expenses for treatment

• A lump sum payment for permanent impairment (if applicable)

Importantly, you do not need to prove employer negligence to access statutory benefits.

If your injury results in permanent impairment, WorkCover may issue a Notice of Assessment offering a lump sum payment calculated under Queensland legislation.

Common Law Workplace Injury Claims in Queensland

Unlike statutory claims, a common law claim requires you to prove that your employer’s negligence caused your injury.

This means demonstrating that your employer:

• Failed to provide a safe system of work;

• Failed to provide proper training or supervision; or

• Failed to take reasonable steps to prevent foreseeable injury.

While proving negligence can be challenging, common law claims often result in significantly higher compensation compared to statutory lump sum payments.

This is because damages are assessed based on the actual impact of the injury on your life, including:

• Future loss of income

• Ongoing medical costs

• Pain and suffering

• Loss of superannuation

• Care and assistance needs

Many injured workers in Townsville commence a statutory claim first and later consider a common law claim. However, your ability to pursue common law damages can be affected by your response to a Notice of Assessment.

What Is a Notice of Assessment (NOA)?

A Notice of Assessment is a formal document issued by WorkCover Queensland that outlines:

• Your assessed Whole Person Impairment (WPI) percentage

• The corresponding lump sum compensation offer

What Is Whole Person Impairment (WPI)?

WPI is a percentage that reflects the permanent impact of your injury on your body as a whole. It is assessed by a qualified medical specialist using legislated guidelines.

The higher the WPI percentage, the larger the statutory lump sum offer.

However, this lump sum is calculated using a fixed statutory formula — it does not reflect your individual financial losses or long-term earning capacity.

Why a Notice of Assessment Is a Critical Decision Point

Your response to a Notice of Assessment can determine whether you can pursue a common law claim.

If Your WPI Is Less Than 20% (0–19%)

If you accept the lump sum offer:

• You cannot proceed with a common law damages claim.

If you reject the offer:

• You may pursue a common law claim (if negligence can be established).

If Your WPI Is 20% or More

You can:

• Accept the lump sum payment and

• Still proceed with a common law claim.

This distinction makes it essential to obtain legal advice before making a decision.

Factors to Consider Before Accepting a Lump Sum

Every workplace injury claim is different. Before accepting a WorkCover lump sum offer, you should consider:

• Whether your employer may have been negligent

• The strength of available evidence

• The long-term impact of your injury on your earning capacity

• Your future medical needs

• The potential value of a common law damages claim

In many cases, the statutory lump sum is substantially lower than what may be recoverable in a successful common law claim.

Strict Time Limits Apply

Generally, injured workers must respond to a Notice of Assessment within 20 business days. Failing to respond within the required timeframe can affect your rights.

Because of these deadlines and the serious consequences involved, it is strongly recommended that you seek legal advice immediately after receiving your NOA.