You may be entitled to receive a lump sum payment if you have a permanent impairment as a result of a work related injury or illness,.
Eligibility:
Claims for lump compensation for injuries that occurred on or after 19 June 2012, the following applies:
- you must be medically assessed as having 11 per cent or more permanent impairment for a physical injury; or
- you must be medically assessed as having 15 per cent or more for a primary psychological injury;
- you can only have one claim for permanent impairment compensation in respect of the injury;
- you may be entitled to make another lump sum compensation claim if your condition has deteriorated (if the original claim was made you before 19 June 2012).
Assessment of permanent impairment:
- the permanent impairment is assessed by a medical specialist trained as an assessor of permanent impairment; and
- your condition must have stabilised and be unlikely to change substantially in the next 12 months; and
- your injury must have reached maximum medical improvement;
Making a lump sum claim
- you must complete a form and submit it to the insurer;
- the form will set out the details of the claim;
- the insurer will determine liability within one month of receiving the claim;
- the insurer can accept liability and make a reasonable offer of settlement; or
- dispute liability and deny the claim
Unless the insurer requires additional information:
- then the insurer must request you supply the information within two weeks of receiving the claim; and/or
- arrange for a permanent impairment assessment of you; and then
- make an offer of settlement or dispute liability within two months of you providing all relevant information
Complying agreement:
- this is a written agreement between you and the insurer regarding the assessed level of permanent impairment;
- this may result in a lump sum payment to you for permanent impairment set out in the agreement;
- you must obtain independent legal advice before signing the agreement; or
- waive the right to independent legal advice (the insurer must record that you have chosen not to obtain it).
Compensation amount:
- the legislation sets out the maximum lump sum payment for permanent impairment injuries; and
- the amount varies depending on the time your injury illness occurred;
- and the level of impairment assessed.
Dealing with workers compensation insurers can be complex and difficult and we do not recommend that you attempt to deal with the insurer on your own. Also, strict time limits apply to making a claim. We are here to help you with any matter relating to your claim.
Phone: 1300 734 737 or email frontoffice@courtlegal.com.au for further information or to arrange an obligation free consultation.
Disclaimer: This fact sheet provides general information and does not provide legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to a court.