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Permanent Impairment
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.
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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 permanent impairment | Benefit | Degree of permanent impairment | Benefit |
|---|---|---|---|
| 0% | $0 | 19% | $28,600 |
| 1% | $0 | 20% | $30,250 |
| 2% | $0 | 21% | $33,000 |
| 3% | $0 | 22% | $35,750 |
| 4% | $0 | 23% | $38,500 |
| 5% | $0 | 24% | $41,250 |
| 6% | $0 | 25% | $44,000 |
| 7% | $0 | 26% | $46,750 |
| 8% | $0 | 27% | $49,500 |
| 9% | $0 | 28% | $52,250 |
| 10% | $0 | 29% | $55,000 |
| 11% | $15,400 | 30% | $57,750 |
| 12% | $17,050 | 31% | $60,500 |
| 13% | $18,700 | 32% | $63,250 |
| 14% | $20,350 | 33% | $66,000 |
| 15% | $22,000 | 34% | $68,750 |
| 16% | $23,650 | 35% | $71,500 |
| 17% | $25,300 | 36% | $74,250 |
| 18% | $26,950 | 37% | $77,000 |
| Degree of permanent impairment | Benefit | Degree of permanent impairment | Benefit |
|---|---|---|---|
| 38% | $79,750 | 57% | $150,700 |
| 39% | $82,500 | 58% | $154,550 |
| 40% | $85,250 | 59% | $158,400 |
| 41% | $89,100 | 60% | $162,250 |
| 42% | $92,950 | 61% | $166,100 |
| 43% | $96,800 | 62% | $169,950 |
| 44% | $100,650 | 63% | $173,800 |
| 45% | $104,500 | 64% | $177,650 |
| 46% | $108,350 | 65% | $181,500 |
| 47% | $112,200 | 66% | $185,350 |
| 48% | $116,050 | 67% | $189,200 |
| 49% | $119,900 | 68% | $193,050 |
| 50% | $123,750 | 69% | $196,900 |
| 51% | $127,600 | 70% | $200,750 |
| 52% | $131,450 | 71% | $204,600 |
| 53% | $135,300 | 72% | $208,450 |
| 54% | $139,150 | 73% | $212,300 |
| 55% | $143,000 | 74% | $216,150 |
| 56% | $146,850 | 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 permanent impairment | Benefit | Degree of permanent impairment | Benefit |
|---|---|---|---|
| 0% | $0 | 19% | $46,000 |
| 1% | $0 | 20% | $48,940 |
| 2% | $0 | 21% | $51,880 |
| 3% | $0 | 22% | $54,820 |
| 4% | $0 | 23% | $57,760 |
| 5% | $0 | 24% | $60,700 |
| 6% | $0 | 25% | $63,640 |
| 7% | $0 | 26% | $66,580 |
| 8% | $0 | 27% | $69,520 |
| 9% | $0 | 28% | $72,460 |
| 10% | $0 | 29% | $75,400 |
| 11% | $22,480 | 30% | $78,340 |
| 12% | $25,420 | 31% | $83,040 |
| 13% | $28,360 | 32% | $87,880 |
| 14% | $31,300 | 33% | $92,720 |
| 15% | $34,240 | 34% | $97,560 |
| 16% | $37,180 | 35% | $102,400 |
| 17% | $40,120 | 36% | $107,240 |
| 18% | $43,060 | 37% | $112,080 |
| Degree of permanent impairment | Benefit | Degree of permanent impairment | Benefit |
|---|---|---|---|
| 38% | $116,920 | 57% | $309,020 |
| 39% | $121,760 | 58% | $309,020 |
| 40% | $126,600 | 59% | $309,020 |
| 41% | $131,440 | 60% | $309,020 |
| 42% | $136,280 | 61% | $376,030 |
| 43% | $141,120 | 62% | $376,030 |
| 44% | $145,960 | 63% | $376,030 |
| 45% | $150,800 | 64% | $376,030 |
| 46% | $155,640 | 65% | $376,030 |
| 47% | $160,480 | 66% | $443,030 |
| 48% | $165,320 | 67% | $443,030 |
| 49% | $170,160 | 68% | $443,030 |
| 50% | $175,000 | 69% | $443,030 |
| 51% | $242,010 | 70% | $443,030 |
| 52% | $242,010 | 71% | $510,040 |
| 53% | $242,010 | 72% | $510,040 |
| 54% | $242,010 | 73% | $510,040 |
| 55% | $242,010 | 74% | $510,040 |
| 56% | $309,020 | 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 or review our guide on Workplace Compensation Claim success.
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
- Give us a call on (02) 8329 9500
5 Easy steps to make a Workers Compensation Claim
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
2
Step 2
Seek medical treatment from your Doctor
3
Step 3
Ask the Doctor to provide you with a “Certificate of Capacity”
4
Step 4
Submit the complete “Certificate of Capacity” to your employer
5
Step 5
Your employer must provide the “Certificate of Capacity” to their Workers Compensation Insurer within 24 hours
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Permanent Impairment
Frequently Asked Questions
Read more about Permanent Impairment
If you have been unable to reach agreement with the insurer on the percentage whole person impairment (WPI) your lawyer will make an Application to the Personal Injury Commission (PIC) to appoint an independent medical specialist to assess the percentage WPI.
An injured worker may obtain a lump sum amount of compensation if they have sustained a permanent impairment as a result of the injury which occurred in the course of employment.
A permanent impairment is an injury that has stabilised and has resulted in an impairment that is unlikely to change within the next 12 months.
To determine if you are entitled to a lump sum amount of compensation for permanent impairment, you are assessed by an independent medical examiner known as an AMS. The AMS assesses the whole person impairment using guidelines established by SIRA.
You must obtain an assessment of greater than 10% whole person impairment to be eligible to obtain lump-sum compensation for permanent impairment for physical injuries and 15% for psychological injuries.
If you are eligible for lump-sum compensation for permanent impairment, this is payable in addition to any benefits you are entitled to receive for weekly payments and medical expenses.
The whole person impairment assessment is crucial because it will determine how long you are eligible to obtain weekly compensation and medical benefits.
You also need at least 15% WPI to make claim for damages against your employer, know as a Work Injury Damages claim.
The whole person impairment assessment is calculated by medical assessors who determine the level of whole-person permanent impairment based on the following:
- Guidelines as to how permanent impairments are made which are published by SIRA
- Examine your medical records
- Conduct a physical medical examination
Based on the guidelines, your medical records, and the physical examination, the medical assessor determines the level of whole-person permanent impairment.
Your lawyer will arrange for you to be examined by a Doctor to assess the WPI and a claim made to the insurer to see if they agree. If no agreement is reached, an Application is made to PIC to appoint an independent Doctor to assess the level of WPI.
To claim non-economic loss, that is, pain and suffering, you must have a whole person impairment of greater than 10%.
Usually, your lawyer will arrange for you to be assessed for whole person impairment. You will consult a Doctor who is using the guidelines to assess the % WPI.
Your lawyer will then try and reach an agreement with the insurer that you exceed 10% WPI.
If the insurer does not agree, an application will be made to the Personal Injury Commission to appoint an independent Doctor to assess the level of WPI. This is a final and binding assessment on both you and the insurer.
The assessment can be appealed if there is an error is the method of assessing the WPI.
Find out more about Workers Compensation
Workplace Injury
Workplaces can be dangerous. Care must be taken by the employer to ensure as far as possible that their employees do not sustain workplace injuries whilst during their employment.People spend most of their day at work and under the direction or supervision of the boss and are at a risk of sustaining injury if care is not taken.
Complete our free case appraisal form to find out how we can help you with your claim.
Bullying & Harassment
An employer has a duty of care to ensure your workplace is safe and this includes being free from bullying and harassment from co-workers or supervisors.Employers are required by law to have in place policy and procedures to deal with workplace bullying. If you believe you are the victim of bullying in the workplace, you should refer to these policies and procedures to see what steps you can take to report the issue.
IRO
The Independent Review Office (known as IRO) primary function is to help resolve workers compensation disputes and complaints quickly, fairly and justly, without the need for a lawyer.If you have a question, complaint or dispute with the workers compensation insurer, you should initially contact IRO for assistance. If IRO is unable to help you, funding can be obtained for legal costs to help you with the dispute with the insurer.
SIRA (State Insurance Regulatory Authority)
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating workers compensation, CTP insurance as a result of a motor accident, workers and home building insurance.
Workcover Claims
Since September 1 2015, WorkCover functions have been assumed by three new organisations:SafeWork NSW – NSW’s primary regulator for workplace health and safety.
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating CTP insurance as a result of a motor accident, workers compensation and home building insurance.
icare – icare (Insurance and Care NSW) offers insurance and care services in NSW.
Weekly Payments
If you have sustained an injury during your employment and are unfit for work or fit for suitable work only then you are entitled to obtain weekly payments of compensation from your employer’s workers compensation insurer.
Medical Expenses
If you have had an injury at work, in accordance with section 60 of the Workers Compensation Act 1987, the worker’s compensation insurer is required to pay all “reasonably necessary” medical expenses.
Work Injury Damages
All employers owe their employees a duty to take reasonable care to protect them against any foreseeable injury that may arise during the course of their employment.NSW also has occupational health and safety laws in place that require employers to take proactive steps to identify foreseeable risks, and to implement necessary measures to prevent injury from occurring in the workplace.
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