Pre-filing document requirements
Before mediation or court proceedings, the worker must serve a pre-filing statement on the insurer setting out the details of their claim and the evidence that will be relied on to establish or support their claim.
The insurer must then serve a pre-filing defence on the claimant, in response to their pre-filing statement, setting out the details of their defence and the evidence relied on.
In work injury damages disputes, the worker who serves the pre-filing statement on the insurer is called the claimant. The person or party who serves the pre-filing defence on the claimant is called the defendant.
Defective pre-filing statements
The defendant can, within seven days of the being served with the claimant’s pre-filing statement, notify the claimant of alleged defects in the pre-filing statement. The claimant must, within seven days of being notified about the alleged defects, notify the defendant whether they agree or disagree that the pre-filing statement is defective.
Either party can refer a dispute about whether the claimant’s pre-filing statement is defective by lodging an Application to Cure a Defective Pre-filing Statement (Form 11B) with the Commission.
The application can be lodged through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
The application will be determined by a delegate of the President, who may require further information from the parties and may hold a teleconference. The claimant and defendant will be notified of the decision in writing.