Please note that this blog is no longer relevant due to legislative changes that were enacted in 2020. We are often asked about how the workers' compensation system operated before this change and thought that it was appropriate to continue to host this blog for reference purposes. If you would like to learn about the legislative amendments that changed the workers' compensation termination date you can read about it here.
What is a 'Form 36 Notice to Worker About Termination Date for Election'?
If liability in your workers' compensation claim has been admitted, a Form 36 Notice to Worker About Termination Date For Election should be sent to you by your employer or their insurer. The purpose of the Form 36 Termination Date Notice is to inform you that, if you intend to make a common law damages claim, you must elect to do so prior to the Termination Date. The Form 36 Termination Date Notice is sent approximately 26 weeks before the Termination Date.
A Termination Date sounds scary. What does it really mean?
Put simply, the Termination Date is the date, 12 months from the date on which the injured worker lodged their workers' compensation claim with their employer. Particular importance is placed on the Termination Date as it is the date by which you must elect to pursue a common law claim against your employer.
Contrary to common misconceptions the Termination Date is not:
- the date when injured workers that are receiving workers' compensation are terminated from their employment;
- the date when injured workers receiving regular workers' compensation payments have their payments cut;
- the date when a workers' compensation claim is settled or finalised; or
- the date by which all treatment in regards to a workers' compensation claim must be completed.