If you have been injured at work you may be able to claim a lump sum payment of compensation for any permanent injury. The amount you can claim will depend on the date of injury.
What can you claim?
If you were injured before 1 January 2002 you will be assessed under the table of disabilities, which provides compensation for a percentage of impairment to a body part. Where there are injuries to multiple body parts the amount for each is simply totalled. For injuries sustained on or after 1 January 2002, no compensation is payable unless your injury is assessed as being greater than 10% for a physical injury and at least 15% for a psychological injury. The compensation payable is based upon an assessment of whole person impairment after combining all injuries into one impairment figure.
Following amendments in 2012 you can now only make one claim for lump sum compensation, even where your injuries deteriorate in the future. It is therefore important to obtain legal advice before deciding to make a claim or accepting an offer from the insurer.
If you have made a claim for lump sum compensation before 19 June 2012, you are entitled to make one further lump sum compensation claim should your injuries have deteriorated since your original claim.
Liability for the claim
Following receipt of a lump sum compensation claim the workers compensation insurer can arrange for you to be medically assessed on their behalf, following which the insurer will provide a response to the claim.
If the insurer denies liability or disputes the degree of permanent impairment from which you suffer it will be necessary to commence proceedings in the Workers Compensation Commission for determination of the claim.
Should the insurer accept the lump sum compensation claim settlement is detailed in writing by way of a Complying Agreement. It is important to seek legal advice prior to accepting any offer of settlement.
Funding may be available to investigate and advise in relation to lump sum permanent impairment claims. To see if you are eligible for a grant of assistance and to make a claim, contact our experienced compensation team in Bathurst, Lithgow or Oberon on 1800 650 656. We're here to help!
Angus Edwards | Principal