The format for complying agreements has not been prescribed. They must contain all of the relevant information described below and be kept on the file.
Complying agreements must be completed when making a payment to the worker for permanent impairment under s66 of the 1987 Act and for pain and suffering under s67 of the 1987 Act.
The following details must be included in the complying agreement:
- Degree of permanent impairment
- Medical report(s) relied on to assess the degree of permanent impairment
- Amount of compensation payable in respect of degree of permanent impairment,
- Amount of pain and suffering compensation (if applicable)
- Date of agreement
- Certification by the insurer that they are satisfied the worker has obtained independent legal advice before accepting the offer. This may be in the written form of either:
- A letter from the worker’s solicitor, or
- Details of the agreement regarding payment signed and returned to the insurer by the worker.
Complying agreements can be contained in one or more documents that must be kept on the insurer’s file.