Find out if you’re eligible for a second bite of the cherry: workers compensation lump sum claims made before 19 June 2012
Generally, only one claim for permanent impairment compensation can be made in respect of an injury. However, this is not the case for claims made prior to 19 June 2012. If you made a lump sum compensation claim before 19 June 2012 and your condition has since deteriorated, you may be eligible for one more permanent impairment payout!
The Workers Compensation Amendment (Lump Sum Compensation claims) Regulation 2015 was published to provide that if a worker had made a claim for lump sum compensation for permanent impairment before 19 June 2012, then the worker will be entitled to make one further claim for lump sum compensation in respect to any increase in the degree of permanent impairment arising from the same injury. There is no threshold hold for these further claims so the degree of permanent impairment in respect of the further claim is not required to be greater than 10%.
We recently settled a lump sum compensation claim for one of our client’s whose condition had deteriorated since his original injury. This client of ours was injured in 1991 whilst working as an assembler for fridges. He made permanent impairment claim in 2003 whereby he received 15% permanent impairment for the back, 4% loss of use of left leg at or above the knee and 4% for loss of use of right leg at or above the knee.
Recently, after attending a Medical Assessment organised by the Personal Injury Commission, we were able to get out client a further $18,500.00 in lump cum compensation for a further 10% deterioration of the back, 6% deterioration of the right leg at or above the knee and 11% deterioration of the left leg at or above the knee.
Generally, to make a deterioration claim, we would have to send you to a medical specialist who will be able to determine your level of impairment and deterioration. If it is determined that your condition has deteriorated and that a greater percentage of impairment is to be awarded for your injuries, then we can make a deterioration claim on your behalf.
Please note that a worker who makes a claim after 19 June 2012 is not entitled to a further second claim and must have 11 per cent or more permanent impairment for a physical injury or 15 per cent or more for a primary psychological injury to be entitled to receive permanent impairment compensation.
Please contact the team at Alliance Compensation Litigation Lawyers and a personal injury specialist will be able to assist you.