Your entitlement to lump sum compensation
If you have sustained injury during the course of your employment, which has resulted in permanent impairment, you may be entitled to lump sum compensation.
For claims made on or after 19 June 2012, in order to be eligible to receive lump sum compensation, section 66 of the Workers Compensation Act NSW 1987 (“the Act”) states that a worker must have sustained injury, as defined in section 4 of the Act, and must be assessed to have a whole person impairment above 10%. Psychiatric conditions must be assessed at no less than 15% whole person impairment.
Section 4 of the Act defines “injury” as: –
a) “personal injury arising out of or in the course of employment
b) includes a disease injury, which means:
i. a disease that is contracted by a worker in the course of employment but only if the employment was the main contributing factor to contracting the disease, and
ii. the aggravation, acceleration, exacerbation or deterioration in the course employment of any disease, but only if the employment was the main contributing factor to the aggravation, acceleration, exacerbation or deterioration of the disease, and
c) does not include a dust disease”.
A workers impairment must be assessed by a medical specialist approved by WorkCover.
It is important that a workers injury has stabilised before being medically assessed, as workers are only entitled to make one claim for lump sum compensation due to recent legislative changes.
Please note that the above does not apply to the category of workers that have been exempted (i.e. police officers, paramedics, fire fighters, volunteer bush fire fighters or emergency services volunteer) or for claims for lump sum compensation made before 19 June 2012.
If you have sustained an injury at work and are suffering from a permanent impairment, you may be entitled to compensation. Please call Stacks Goudkamp on 1800 25 1800 to arrange a free, no-obligation assessment of your claim. Our solicitors are ILARS approved solicitors, which means we can make an application on your behalf to the WorkCover Independent Review Office (WIRO) for a grant of funding to investigate whole person impairment, as well as provide advice.
Written by Samantha De Freitas
Samantha De Freitas is a paralegal in Anna Tavianatos’s Practice Group. Samantha works on a variety of different compensation matters, including workers compensation claims, work injury damages claims, public liability claims and motor vehicle accident claims.