1. WPI is the key to everything and there shall be only one
For workers injured in NSW, whole person impairment (WPI) is the key to unlocking most entitlements.
Thresholds apply to claims for:
Lump sum compensation
Damages for employer negligence
Weekly payments beyond 130 weeks
Medical expenses beyond 2 years
Domestic assistance beyond 6 hours a week for 3 months
In most cases, only one WPI assessment is allowed for all purposes. Why would you allow such an important assessment to take place without consulting a workers compensation specialist?
2. They understand how WPI is assessed and can ensure nothing is missed
Injuries are assessed using the Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th Ed. and the American Medical Association Guides for the Evaluation of Permanent Impairment, 5th Ed (AMA5). These Guidelines describe the method for assessing different body parts which are then combined to give a total WPI.
If your lawyer cannot show you these Guidelines and explain how your injuries are assessed, how can they ensure the WPI assessment is complete and contains no errors?
A specialist lawyer will review your medical reports and identify errors or omissions, enabling you to challenge the WPI assessment where necessary.
3. They look out for consequential conditions that could be assessed
A specialist lawyer will understand the types of consequential conditions that may develop and the investigations you will need before the impairment can be assessed. Some common consequential conditions include:
Complications from surgery or medications prescribed for the injury
Injuries to other limbs or back due to altered gait or over-reliance on an uninjured limb
Weight gain due to inactivity following injury can lead to conditions like obstructive sleep apnoea and type 2 diabetes
Injuries from falls cased by instability due to injury or medication.
4. They understand the rules for combining impairments
There is a lot of complex case law dealing with combining impairments. In very simple terms, all your impairments resulting from one injurious event can be combined. Alternatively, if you have one medical condition resulting from multiple injurious events the impairments can be combined.
An exception to this is impairment from psychological injuries which cannot ever be combined with physical injuries.
A workers compensation specialist will be able to advise you on the possible combinations and the most effective method to achieve the best WPI assessment.
5. They understand how to manage pre-existing conditions or injuries.
There must be a deduction from the WPI assessment if you have a pre-existing condition or injury that contributes to your WPI.
The deduction is based on the proportion of your current impairment that is caused by the prior condition or injury. If that is too difficult or costly to work out, then 10% of the impairment will be deducted under s 323 Workplace Injury Management and Workers Compensation Act 1998.
A specialist lawyer will ensure appropriate evidence of the pre-existing condition or injury is submitted to the assessor and identify grounds for review if the deduction is excessive.
Contact us
Our workers compensation specialist has had success where other lawyers have given up. She is an Accredited Specialist in Personal Injury Law and a WIRO Approved Legal Service Provider. Why not contact us today for an obligation FREE expert opinion?
Contact us for more information.
* Workers who are coal miners, police officers, paramedics, firefighters and some volunteer emergency and rescue workers are eligible to have more than one assessment and claim and do not have the same impairment thresholds as general workers.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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