Police officers, paramedics and fire fighters in NSW are able to claim lump sum workers compensation benefits for both permanent impairment and pain and suffering.
How is my permanent impairment assessed?
Injuries are assessed using the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment which prescribes the method for assessing different body parts.
Once all parts of your injury have been assessed, the impairments will be combined to give a total “whole person impairment (WPI)”.
Only specialists trained by SIRA in the use of the Guidelines can carry out impairment assessments.
If you were injured before 1 January 2002, these guidelines do not apply and your impairments from each body part listed in the Table of Disabilities will be separately assessed.
What can be included in the impairment assessment?
If you injure one part of your body in multiple accidents, the impairment from each accident can be combined if it is the same pathology.
Alternatively, if you have multiple injuries resulting from one “injurious event”, all the impairments from those injuries can be combined.
This includes consequential conditions that may develop as a result of the original injury.
An exception to this is psychological injuries which cannot be combined with physical injuries ever.
Some common consequential conditions include:
Complications from surgery or medications prescribed for the injury
When an arm or leg is injured, a condition develops in other limb due to altered gait or over-reliance on that limb following the injury
Inactivity following injury can lead to weight gain and conditions like obstructive sleep apnoea and type 2 diabetes
Injuries from falls cased by instability due to injury or medication.
What if I have a pre-existing condition or injury?
If you have a pre-existing condition that contributes to your impairment, the assessor will make a deduction for the proportion of the impairment caused by that condition.
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.
How is lump sum compensation calculated?
The Workers Compensation Act 1987 fixes the lump sum compensation by reference to your assessed level of permanent impairment.
An additional lump sum is paid for pain and suffering if you have more than 10% whole person impairment. The maximum payable for a most extreme case is $50,000 and other injuries receive a proportion of the maximum considering the severity of the injury.
Is there a threshold to make a claim?
There is no threshold for most injuries.
Lump sum compensation is only payable for a psychological injury if it is a primary psychological injury that results in at least 15% whole person impairment.
There is no lump sum compensation for psychological injuries sustained prior to 2002. If part of the injury was sustained prior to 2002, the lump sum compensation will be proportionally reduced but your overall level of impairment will not be affected.
Hearing loss claims require at least 3% whole person impairment (6% binaural hearing loss).
How are disputes about permanent impairment resolved?
Most disputes about permanent impairment are resolved by the Personal Injury Commission (PIC). The District Court deals with disputed claims for police officers who joined the force before 1988.
A final assessment of your impairment is usually carried out by an Medical Assessor appointed by the PIC.
Sometimes, if it is a straight-forward case, an Arbitrator will make the assessment.
This assessment is final and binding. There are limited grounds of appeal, for example if there is an error in the assessment.
What if I get worse after receiving lump sum compensation?
You can make claims for any further impairment if your condition deteriorates.
Contact us for more information.
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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