6.3.1 Liability claims must be in writing - Subsequent claims for benefits can be verbal or written

Section 54(2) of the DRCA requires a claim to be in writing.

A claim for compensation under section 54 and the legislative provision stipulating the requirement for a claim to be made in writing is satisfied during the initial liability claim by the claimant i.e. lodgment of the D2020 claim form. Therefore any ancillary benefits i.e. incapacity or permanent impairment compensation can be claimed by a person without a further claim form or written request.

Subsequent claims for benefits

The request for, investigation, and payment of subsequent compensation benefits (such as incapacity or permanent impairment) can proceed without requiring further written requests from a claimant where the liability claim has substantially satisfied the requirements under section 54. In practice, this will mean a DRCA client can make a claim for compensation either verbally or in writing following an initial liability claim.