Permanent Impairment Claims Sydney
If you are injured during your employment and your injuries are permanent, you may be entitled to make a lump sum permanent impairment claim.
A lump sum permanent impairment claim is separate to your weekly payments claim. If you are successful in your claim for lump sum compensation you will still be able to receive weekly payments of compensation and medical expenses.
What is Whole Person Impairment?
Permanent impairment refers to an injury which has stabilised and has resulted in ongoing impairment that is unlikely to change within the next 12 months.
Permanent impairment can be defined as an injury which impairs the physical and/or mental ability of a worker. The degree of permanent impairment that results from an injury is to be assessed by reference to the NSW Compensation Guidelines for Evaluation of Permanent Impairment (1 April 2016) as a whole person impairment percentage (WPI).
These guidelines set out in detail tables and methods for evaluating the percentage whole person impairment. The doctor uses these guidelines to assess the percentage whole person impairment. This includes all the injuries sustained in the accident.
Physical injuries and psychological injuries cannot be combined to increase the whole person impairment.
The only compensable injury is the primary injury.
For example, if a worker sustains an injury to his low back and then has a secondary psychological injury due to the pain and loss of enjoyment of life because of the back injury, the only compensable injury is the primary physical injury to the back. The assessor is not allowed to include an assessment of whole person impairment for the psychiatric injury as well as this is a secondary injury.
How do I make a Claim for Whole Person Impairment?
You need to consult an expert Accredited Specialist in Personal Injury Law to make a claim for whole person impairment compensation.
The lawyer will arrange for you to be medically examined by a medical specialist who is trained in assessing impairment using the guidelines. Your treating specialist cannot make an assessment as they are usually not trained in the guidelines.
The independent doctors’ assessment of whole person impairment is final and binding on all parties.
The independent doctors’ assessment can be appealed to a medical appeal panel if the assessor has made an error of law.
To obtain lump sum compensation for physical injuries, the assessment of whole person impairment must be 11% or greater
To obtain lump sum compensation for psychological injury, the assessment of whole person impairment must be 15% or greater.
How much Lump Sum Compensation is payable?
The amount of lump sum compensation payable for claims made on or after 19 June 2012 is set out in the table below:
Benefits payable for claims made on or after 19 June 2012 - (without regard to any amendment made by the Workers Compensation Amendment Act 2015)
Section 66 of the Workers Compensation Act 1987
| Maximum amount payable for multiple injuries (see Note 1) | $220,000 |
| Maximum amount payable for back impairment (see Note 2) | $231,000 |
| Degree of permanant impairment | Benefit |
| 0% | $0 |
| 1% | $0 |
| 2% | $0 |
| 3% | $0 |
| 4% | $0 |
| 5% | $0 |
| 6% | $0 |
| 7% | $0 |
| 8% | $0 |
| 9% | $0 |
| 10% | $0 |
| 11% | $15,400 |
| 12% | $17,050 |
| 13% | $18,700 |
| 14% | $20,350 |
| 15% | $22,000 |
| 16% | $23,650 |
| 17% | $25,300 |
| 18% | $26,950 |
| Degree of permanant impairment | Benefit |
| 19% | $28,600 |
| 20% | $30,250 |
| 21% | $33,000 |
| 22% | $35,750 |
| 23% | $38,500 |
| 24% | $41,250 |
| 25% | $44,000 |
| 26% | $46,750 |
| 27% | $49,500 |
| 28% | $52,250 |
| 29% | $55,000 |
| 30% | $57,750 |
| 31% | $60,500 |
| 32% | $63,250 |
| 33% | $66,000 |
| 34% | $68,750 |
| 35% | $71,500 |
| 36% | $74,250 |
| 37% | $77,000 |
| Degree of permanant impairment | Benefit |
| 38% | $79,750 |
| 39% | $82,500 |
| 40% | $85,250 |
| 41% | $89,100 |
| 42% | $92,950 |
| 43% | $96,800 |
| 44% | $100,650 |
| 45% | $104,500 |
| 46% | $108,350 |
| 47% | $112,200 |
| 48% | $116,050 |
| 49% | $119,900 |
| 50% | $123,750 |
| 51% | $127,600 |
| 52% | $131,450 |
| 53% | $135,300 |
| 54% | $139,150 |
| 55% | $143,000 |
| 56% | $146,850 |
| Degree of permanant impairment | Benefit |
| 57% | $150,700 |
| 58% | $154,550 |
| 59% | $158,400 |
| 60% | $162,250 |
| 61% | $166,100 |
| 62% | $169,950 |
| 63% | $173,800 |
| 64% | $177,650 |
| 65% | $181,500 |
| 66% | $185,350 |
| 67% | $189,200 |
| 68% | $193,050 |
| 69% | $196,900 |
| 70% | $200,750 |
| 71% | $204,600 |
| 72% | $208,450 |
| 73% | $212,300 |
| 74% | $216,150 |
| 75% and over | $220,000 |
For injuries sustained after 5 August 2015, the amount payable for lump sum compensation has increased as per the table below:
Permanent impairment compensation amounts payable for injuries received on and from 5 August 2015
Section 66 of the Workers Compensation Act 1987
| Amounts payable from 5 August 2015 to 30 June 2016 |
| Degree of permanant impairment | Benefit |
| 0% | $0 |
| 1% | $0 |
| 2% | $0 |
| 3% | $0 |
| 4% | $0 |
| 5% | $0 |
| 6% | $0 |
| 7% | $0 |
| 8% | $0 |
| 9% | $0 |
| 10% | $0 |
| 11% | $22,480 |
| 12% | $25,420 |
| 13% | $28,360 |
| 14% | $31,300 |
| 15% | $34,240 |
| 16% | $37,180 |
| 17% | $40,120 |
| 18% | $43,060 |
| Degree of permanant impairment | Benefit |
| 19% | $46,000 |
| 20% | $48,940 |
| 21% | $51,880 |
| 22% | $54,820 |
| 23% | $57,760 |
| 24% | $60,700 |
| 25% | $63,640 |
| 26% | $66,580 |
| 27% | $69,520 |
| 28% | $72,460 |
| 29% | $75,400 |
| 30% | $78,340 |
| 31% | $83,040 |
| 32% | $87,880 |
| 33% | $92,720 |
| 34% | $97,560 |
| 35% | $102,400 |
| 36% | $107,240 |
| 37% | $112,080 |
| Degree of permanant impairment | Benefit |
| 38% | $116,920 |
| 39% | $121,760 |
| 40% | $126,600 |
| 41% | $131,440 |
| 42% | $136,280 |
| 43% | $141,120 |
| 44% | $145,960 |
| 45% | $150,800 |
| 46% | $155,640 |
| 47% | $160,480 |
| 48% | $165,320 |
| 49% | $170,160 |
| 50% | $175,000 |
| 51% | $242,010 |
| 52% | $242,010 |
| 53% | $242,010 |
| 54% | $242,010 |
| 55% | $242,010 |
| 56% | $309,020 |
| Degree of permanant impairment | Benefit |
| 57% | $309,020 |
| 58% | $309,020 |
| 59% | $309,020 |
| 60% | $309,020 |
| 61% | $376,030 |
| 62% | $376,030 |
| 63% | $376,030 |
| 64% | $376,030 |
| 65% | $376,030 |
| 66% | $443,030 |
| 67% | $443,030 |
| 68% | $443,030 |
| 69% | $443,030 |
| 70% | $443,030 |
| 71% | $510,040 |
| 72% | $510,040 |
| 73% | $510,040 |
| 74% | $510,040 |
| 75% and over | $577,050 |
Only one claim for Whole Person Impairment
The Workers Compensation Act allows an injured worker to only make one claim for permanent impairment compensation that results from any injury. After making that one claim you cannot return and claim an increase in lump sum compensation unless your condition deteriorates in the future.
The timing of when to make the lump sum claim for whole person impairment is therefore crucial. If you make a claim for whole person impairment too early and the assessment of whole person impairment is for example, less than 10%, you will not receive any lump sum compensation and weekly payments will be limited to a maximum of 5 years and medical expenses for 2 years thereafter.
The timing and the assessment of whole person impairment is therefore now critical in determining both the amount of lump sum compensation and for how long you are entitled to receive weekly payments and medical expenses.
Does the Whole Person Impairment affect a claim for negligence against my employer?
Yes, the assessment of whole person impairment is also very important if the injury was sustained because of the negligence of your employer. You may be entitled to pursue a claim for negligence against your employer, known as a Work Injury Damages claim.
You can only make such a claim if you have a whole person impairment of 15% or greater.
Please see our blog articles on Work Injury Damages.
To be entitled to obtain lump sum compensation for permanent impairment you will need to be assessed by a WorkCover approved medico-legal doctor. The doctor will assess your level of whole person impairment using a set of guidelines issued by SIRA (the old WorkCover).
If you need assistance with your permanent impairment claim, please do not hesitate to contact us as follows;
- Complete our FREE case assessment form HERE
- Email us at info@garlingandco.com.au
- Give us a call on (02) 8518 1120
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