The workers compensation changes have made substantial changes to your entitlements to claim lump sum compensation where you have sustained injury in the workplace.
Prior to the changes you were able to claim two lump sums, one for the permanent impairment and one for pain and suffering. The first lump sum was able to be claimed regardless of the impairment percentage and if you were over a 10% whole person impairment threshold then you could claim the second lump sum for pain and suffering.
The 2012 changes have drastically changed the entitlement to lump sum compensation. The changes are as follows:
The changes introduced a new threshold for permanent impairment compensation. In order for you to proceed with a lump sum, you must have a greater than 10% whole person impairment to make a claim. The threshold is not an easy threshold to reach. The assessment is conducted by doctors using an objective set of guidelines which determine your impairment.
Once the threshold has been achieved each percentage equates to a sum of money.
The lawyers at LHD are experienced in working with these guidelines and can assist you in determining whether your injury can reach the threshold for a lump sum claim.
Pain and suffering
Prior to the changes you were entitled to a second lump sum for pain and suffering. The maximum that was payable prior to the changes was $50,000. The changes however removed the entitlement altogether and now there is no entitlement to claim for pain and suffering. The government did increase some of the permanent impairment figures to compensate for the loss of the pain and suffering but not to the extent of the loss of the entitlement.
If your injury may have resulted in a permanent impairment then you should contact LHD Lawyers today for an obligation free discussion.
If you have a worker's compensation claim you'd like to discuss with us, visit our worker's compensation page or contact us today.