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Answer

If you have a permanent impairment as a result of a workplace injury or illness, you may be entitled to receive a payment under Section 66 of the Workers Compensation Act 1987. To receive compensation, you will need to lodge a claim with your employer or your employer's insurance company. Together with your claim, you must also enclose a medical report that gives an assessment of your permanent impairment, expressed as a percentage of your 'whole person'.

Guides for the assessment of permanent impairment have been developed to ensure consistent and fair assessment. The Guides consider permanent impairment in relation to the 'whole person' and measure permanent impairment for the various body parts and system. The Guides ensure that an injury that has resulted in a permanent impairment can be objectively measured by a suitably qualified medical specialist who is trained in the use of the WorkCover Guides for Evaluation of Permanent Impairment.

If the insurance company is satisfied with your supporting documentation it may accept your specialist's assessment and settle the claim for permanent impairment or pain and suffering without needing to obtain additional assessment or going to the Workers Compensation Commission.

For injuries received from 1 January 2002, the maximum benefit for a permanent impairment/pain and suffering has increased to $250,000, calculated in accordance with the formula in the Workers Compensation Act, 1987. Weekly income support and medical costs for life would continue to be paid.

Thresholds

Thresholds are the minimum levels of permanent impairment required before compensation payments are made.

For most permanent impairments the minimum levels are greater than 0%; for hearing loss the minimum threshold is 6%; for psychiatric and psychological impairment there is a 15% threshold. You could also have access to pain and suffering payments under Section 67 of the Workers Compensation Act 1987, if you have 10% or more permanent impairment.

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Last modified: Tuesday, 15-Nov-2005 20:37:33 EST