Workers Compensation

Understanding the mediation process: what you need to know

work injury

Injured at work in the NT?

Have you received a notice of decision? Here’s what to do next.

Picture this: you’ve been recovering from a work-related injury, relying on your benefits to support yourself. Then, out of nowhere, you receive a Notice of Decision from your insurer -denying liability, cutting your benefits, or even cancelling them entirely. It’s frustrating, confusing, and stressful.

But here’s the good news: you have the right to challenge this decision. The key is understanding the mediation process and taking action within the critical 90-day window.

The 90-day window: your opportunity to act

Once you receive a Notice of Decision, you have 90 days to apply for mediation through NT WorkSafe. This is your opportunity to gather medical evidence and supporting documentation that could overturn the insurer’s decision. Missing this deadline could mean losing your chance to dispute the decision – so acting promptly is essential.

How the mediation process works

Once you submit your mediation application, here’s what happens next:

  • A mediator is appointed within 7 days.
  • The mediator has 21 days to hold the mediation and issue a mediation certificate.
  • Both sides must provide all relevant written and medical documentation to support their case.

Can you have legal representation?

In certain situations, yes! If approved, you may have a lawyer represent you. The mediator can also recommend that NT WorkSafe and your employer cover the reasonable cost of legal assistance -capped at the average weekly earnings (AWE), which is $1,845.80 (as of 2025).

What to expect during mediation

Mediation is a structured discussion between you, your employer, the insurer, and a mediator. If permitted, a lawyer may also be present. The goal is to:

  • Understand why the employer made their decision.
  • Identify the key issues in dispute.
  • Explore possible steps to resolve the matter.
  • Provide an opportunity for your voice to be heard.

In some cases, mediation may lead to a lump-sum settlement or a change in the insurer’s decision.

Mediation outcomes: what happens next?

At the end of the mediation, you will receive a mediation certificate stating either:

Change – indicating that the employer’s decision has been revised.

No Change – meaning the insurer’s original decision remains in place.

The certificate may also outline steps that could still lead to a resolution outside of mediation.

What if you’re unhappy with the outcome?

If you disagree with the mediation outcome, you still have options. You can apply to the Work Health Court within 28 days of receiving your mediation certificate. In some cases, you may be granted an extension if your employer and insurer agree.

Need workers compensation advice? Contact Lauren Hooper

If you’ve received a Notice of Decision and are considering mediation, don’t navigate this process alone! Lauren Hooper can provide guidance to help you understand your options and protect your rights.

Taking action early can make all the difference – get in touch today!

T: (08) 7929 1000

E: lhooper@tgb.com.au