Have you been working as a process worker, operating machines, doing heavy lifting and repetitive manual handling over the years? Have you sustained a workplace injury as a result of the nature and conditions of your employment? You may be entitled to a lump sum compensation claim under the Workers Compensation system.
An injured worker is generally entitled to the following under the Workers Compensation legislation:
- Payments of reasonable medical expenses incurred as a result of the work-related injury;
- Weekly compensation payments during period of incapacity;
- Lump sum claim for your impairment, if you have an impairment rating of at least 11% Whole Person Impairment (WPI).
Process of a Lump Sum Compensation Claim
The process for a lump sum compensation claim involves numerous steps. Generally, the process involves the following:
- We must first ensure that you have reached a level of maximum medical improvement (MMI) and your injury must be stabilised. This could take between 10-12 months after the date of your accident. However, this is merely an estimation and the stabilisation period are subject to everyone’s circumstances.
If you undergo any surgery or major treatment for your injuries, we need to wait a further 10-12 months in order for you to reach MMI.
- We will initially obtain your medical records from the medical providers. Following that, we will organise for you to be assessed by an approved medico-legal assessor who will examine you and provide an assessment report on your impairment. If your level of whole person impairment is assessed to be over 10%, you will be entitled to proceed with a claim for lump sum compensation for permanent impairment.
- If your permanent impairment is established to be at least 15%, which is the threshold required to allow you not only to pursue a lump sum claim for your impairment, but also to pursue a Work Injury Damages claim (known as a Common Law negligence claim), we will advise you further about whether or not it is in your interests to commence an action in negligence for economic loss against your employer.
Successful Win for Our Client
A woman in her fifties has worked as a process worker for over 30 years. Her daily duties involve working on a process line consisting of monitoring various machinery, repetitive manual labour, and heavy lifting. She sustained injuries to both shoulders and neck due to the nature and conditions of her employment. We have been successful in securing a lump sum compensation payout for our client for 19% Whole Person Impairment, which not only entitled her to approximately $50,000.00 but has now also qualified her for a Work Injury Damages claim (Common Law negligence claim) as her level of Whole Person Impairment has exceeded the 15% WPI threshold. She is now able to bring a claim in negligence against her employer which will entitle her to another lump sum payout for her past and future economic loss. We have been with our client throughout every step of her Workers Compensation claim and will continue to assist her in her Work Injury Damages claim to ensure she receives the best possible outcome.
If you are also a process worker injured due to the nature and conditions of your employment, you may be entitled to a Workers Compensation lump sum claim, which if your injuries exceed the 15% WPI threshold, you may also be entitled to a Work Injury Damages claim like our client. Hence let our friendly and experienced team at Alliance Compensation & Litigation Lawyers assist you in winning the compensation you deserve.
