If you were injured in the course of your employment, the workers compensation insurer accepted liability for your claim and you have suffered a permanent impairment, you may be entitled to receive a lump sum payment as compensation.
This compensation is in addition to weekly benefits and medical expenses you may be receiving. If you obtain a lump sum amount for permanent impairment, this does not prevent you from continuing to receive payment for weekly benefits and medical expenses.
Claims for lump sum compensation for injuries that occurred on and from 1 January 2002 are based on an assessment of your Whole Person Impairment (WPI). This assessment is conducted pursuant to the NSW workers compensation guidelines for the evaluation of permanent impairment. For claims made on or after 19 June 2012, a minimum level of WPI must be assessed to be eligible for lump sum compensation as follows:
- For physical injuries, you must have 11% or more permanent impairment.
- For psychological injuries, you must have 15% or more permanent impairment.
As a guide only, we have extracted the table below from the State Insurance Regulatory Authority’s most recent Workers Compensation Benefits Guide as to amounts of permanent impairment compensation payable for injuries received on and from 1 July 2016:
| Permanent impairment | 1 July 2016 to 30 June 2017 | 1 July 2017 to 30 June 2018 | Permanent impairment | 1 July 2016 to 30 June 2017 | 1 July 2017 to 30 June 2018 | Permanent impairment | 1 July 2016 to 30 June 2017 | 1 July 2017 to 30 June 2018 |
| 1% – 10 % | N/A | N/A | 25% | $64,490 | $66,010 | 43% | $142,920 | $146,370 |
| 11% | $22,770 | $23,310 | 26% | $67,470 | $69,060 | 44% | $147,820 | $151,390 |
| 12% | $25,750 | $26,360 | 27% | $70,450 | $72,110 | 45% | $152,720 | $156,410 |
| 13% | $28,730 | $29,410 | 28% | $73,430 | $75,160 | 46% | $157,620 | $161,430 |
| 14% | $31,710 | $32,460 | 29% | $76,410 | $78,210 | 47% | $162,520 | $166,450 |
| 15% | $34,690 | $35,510 | 30% | $79,390 | $81,260 | 48% | $167,420 | $171,470 |
| 16% | $37,670 | $38,560 | 31% | $84,120 | $86,130 | 49% | $172,320 | $176,490 |
| 17% | $40,650 | $41,610 | 32% | $89,020 | $91,150 | 50% | $177,220 | $181,510 |
| 18% | $43,630 | $44,660 | 33% | $93,920 | $96,170 | 51% – 55% | $245,170 | $251,030 |
| 19% | $46,610 | $47,710 | 34% | $98,820 | $101,190 | 56% – 60% | $313,050 | $320,540 |
| 20% | $49,590 | $50,760 | 35% | $103,720 | $106,210 | 61% – 65% | $380,940 | $390,050 |
| 21% | $52,570 | $53,810 | 36% | $108,620 | $111,230 | 66% – 70% | $448,810 | $459,550 |
| 22% | $55,550 | $56,860 | 37% | $113,520 | $116,250 | 71% – 74% | $516,690 | $529,050 |
| 23% | $58,530 | $59,910 | 38% | $118,420 | $121,270 | 75% – 100% | $584,580 | $598,560 |
| 24% | $61,510 | $62,960 | 39% | $123,320 | $126,290 |
If your date of injury occurred before 1 July 2016, you may still have an entitlement to lump sum compensation for permanent impairment which our team will have to advise you on a case-by-case basis, dependent on your degree of permanent impairment and the legislation in place at the date of your injury.
This independent assessment cannot be performed by your treating doctor (ie. your General Practitioner or your treating surgeon) – the degree of permanent impairment must be assessed by an Independent medical specialist with qualifications that enable them to assess permanent impairment.
At Coastal Compensation Law Specialists (CCLS), our team of Approved Legal Service Providers (ALSP) can seek funding from the Workers Compensation Independent Review Office (WIRO) to cover the cost of the required independent examinations and reports, which means you won’t be out-of-pocket.
We can arrange an examination by an appropriately qualified independent specialist to assess your degree of permanent impairment and advise whether you can make a claim for lump sum compensation with the workers compensation insurer. If you exceed the relevant threshold, we can make the claim on your behalf and if the insurer disputes the claim, we can also assist with challenging their decision.
WIRO also fund our professional costs meaning you will also not be responsible for any of our legal fees in investigating or assisting you with your claim for lump sum compensation.
Contact CCLS today for advice on whether you may have an entitlement to lump sum compensation for permanent impairment.
Authored by Kye Bruce, Solicitor and James Parkin, Senior Associate
18 May 2018