If you are a worker suffering from an injury in New South Wales, you may be entitled to permanent impairment compensation. Although navigating the intricacies of a claim can be daunting, with the right guidance, you can ensure you receive the support and benefits you are entitled to.
This article will discuss the types of benefits available, the criteria for qualifying, and how to maintain eligibility for ongoing support.
The terms permanent impairment and lump-sum are often used interchangeably.
Permanent impairment refers to the amount of impairment that is measured as a result of an injury which you had at work, which the insurer has accepted liability for.
If you qualify for permanent impairment, the compensation you receive will be a lump-sum payment made by the insurer.
Understanding Permanent Impairment
Permanent impairment refers to the lasting and irreversible impact of a work-related injury or illness on an individual’s physical or psychological well-being.
To determine the level of permanent impairment, medical assessors use the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment. These guidelines, based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment, provide a standardised and objective framework for assessing the degree of impairment.
The assessment process considers various factors, including the nature and severity of the injury, the impact on the individual’s ability to perform daily activities, and the likelihood of future improvement or deterioration. The resulting whole person impairment (WPI) rating, expressed as a percentage, determines whether you qualify and the amount of compensation you can claim
Eligibility for Permanent impairment Compensation
In New South Wales, the eligibility for lump-sum compensation is dependant on the degree of permanent impairment you are assessed as having.
Physical Injuries:
- If your permanent impairment is 11% or more, you may be entitled to a lump sum payment for permanent impairment.
- If your permanent impairment is greater than 20%, you may be eligible for ongoing weekly payments and medical benefits beyond the standard 5-year limit.
Psychological Injuries:
- If your permanent impairment is 15% or more for a primary psychological injury, you may be eligible for a lump sum payment for permanent impairment.
- If your permanent impairment is greater than 20%, you may be entitled to ongoing weekly payments and medical benefits beyond the 5-year limit.
Navigating the Claims Process
Initiating a claim for permanent impairment compensation can be a complex process, but with the right guidance, you can ensure a smooth and successful outcome. Consult our team of specialists in compensation law today.
Permanent Impairment Assessment:
- The insurer will arrange for you to undergo a permanent impairment assessment by a SIRA-approved medical assessor.
- This assessment will determine your whole person impairment (WPI) rating, which is the basis for any lump sum or ongoing compensation payments.
Complying Agreement
- If the insurer accepts your claim, they will provide you with a Complying Agreement, which outlines the terms of the settlement.
- Before signing the agreement, it’s crucial to seek independent legal advice to ensure you understand your rights and entitlements.
Disputes and Appeals
- If you disagree with the insurer’s decision or the assessed level of permanent impairment, you have the right to dispute the decision.
- The Independent Review Office (IRO) can provide you with free, independent legal advice and assistance in navigating the dispute resolution process.
Maximizing Your Compensation
The amount of compensation you may be entitled to depends on the severity of your injury and your assessed level of permanent impairment.
Lump Sum Payments
- For physical injuries with a permanent impairment of 10% or more, or for primary psychological injuries with a permanent impairment of 15% or more, you may be eligible for a lump sum payment.
- The maximum lump sum payment for permanent impairment is currently $740,550, with an additional 5% for permanent impairment of the back.
Ongoing Weekly Payments
- If your permanent impairment is greater than 20%, you may be entitled to ongoing weekly payments beyond the standard 5-year limit.
- The amount of these weekly payments is based on your pre-injury average weekly earnings and the degree of your permanent impairment.
Medical and Related Expenses
- Regardless of your permanent impairment rating, you may be entitled to have your reasonable and necessary medical expenses covered, including the cost of treatment, rehabilitation, and assistive devices.
- For individuals with a permanent impairment greater than 20%, these medical benefits may continue for life.
We can assist you in the following ways:
- Claim Preparation: We can help you gather the necessary documentation, complete the required forms, and ensure that your claim is submitted correctly and within the specified timeframes.
- Permanent Impairment Assessment: We can arrange for a comprehensive assessment by a SIRA-approved medical assessor and advocate on your behalf to ensure an accurate and fair evaluation of your permanent impairment.
- Negotiation and Settlement: We can negotiate with the insurer on your behalf, ensuring that you receive the maximum compensation to which you are entitled, whether it’s a lump sum payment or ongoing weekly benefits.
- Dispute Resolution: If you disagree with the insurer’s decision or the assessed level of permanent impairment, we can guide you through the dispute resolution process, including representation at the Independent Review Office (IRO) or the Personal Injury Commission.
- Ongoing Support: Our team can provide ongoing support and advice, helping you navigate the complexities of the workers’ compensation system and ensuring that your rights and entitlements are protected throughout the duration of your claim.
By working with our team of compensation law specialists at Gajic Lawyers, you can focus on your recovery and rehabilitation. With us, you can be confident that your long-term financial well-being is in capable hands.
Conclusion
Navigating the compensation system for chronic injuries in New South Wales can be a complex and daunting process. Remember, seeking the guidance of our experienced compensation lawyers can make all the difference in maximising your compensation and securing the long-term financial stability you need to focus on your recovery and rehabilitation. Don’t hesitate to connect with us today!
