  |
         |
 |
   |
 |
 |
|
How to make a claim if you suffer a permanent injury22 January 2002If you are injured at work or on you way to or from work you are entitled to claim for the loss of your income and also medical, hospital and treatment expenses such as physiotherapy expenses. In addition to these expenses you may also be able to make a claim if you have suffered a permanent injury, for example, if you have an operation on your knee and you do not recover the full range of movement then you may be entitled to make a claim for a what is known as a permanent impairment. The focus of NSW workers compensation legislation is having good injury management, which is early intervention and assistance with a return to work program - similar to sport injury programs. This assists an injured worker to recover from their injury and return to work.On some occasions an injury will result in a permanent loss or impairment. If you have a permanent impairment as a result of a workplace injury or illness, you may be entitled to receive a payment under Section 66 of the Workers Compensation Act 1987. Section 66 provides information on how the compensation for these injuries is to be calculated. How do I know if I am eligible to make a claim? If you have suffered an injury and the permanent impairment can be determined quickly such as loss of sight in one eye, or hearing loss or had a part of a limb amputated then you are entitled to make application for a lump sum payment immediately. If you have a severe back or knee injury then these types of injuries can take up to 12 months to be determined. This is on the basis that certain injuries take this amount of time to stabilise or settle down. Are there any additional benefits? Yes, if a person has sustained a very severe injury and they are awarded over a 10% whole of body permanent impairment they would be entitled to claim an additional lump sum benefit under a pain and suffering provision. This benefit is up to a maximum of $50,000. The claimant would be eligible to receive a portion of this lump sum benefit. Who decides or determines a claim? The first step is to determine if you have a permanent injury. The union provides this assistance to their members. The union has officers and specialist compensation lawyers who will file all the necessary documents with the insurance company on your behalf. The union or their solicitor will arrange for you to see an eminent doctor who is a specialist in the injury you have sustained - for example, if you have a hand injury then you would be referred to one of the top specialists. Often the union may arrange for you to see more than one specialist to ensure that you can claim your full entitlements. These doctors will determine your level of what the permanent impairment is prepare a report. The union solicitor then files this report, along with all the necessary documents with the insurance company. The insurance company will also request for you to be assessed by one of their doctors who may disagree with what you have claimed and the union solicitor will try to negotiate a settlement or take the matter to the Workers Compensation Commission to have it determined. The union will also advise you on whether you are entitled to the addition al lump sum pain and suffering benefit. What does it cost? If you are a member of a union, absolutely nothing. This is one of the specialist services provided by the union to their members. Injuries sustained before 1 January 2002 The level of permanent loss is assessed using the "Table of Disabilities". In order to receive a payment under S66 the minimum level (or threshold) of permanent loss must be above 0% and 6% for a permanent hearing loss. If the claim was made before 12 January 1997 then the most the worker can receive is set in the WorkCover Benefits Guide on the basis of the date of the injury. Injuries sustained on or after 1 January 2002 In order to receive a payment under S66 the minimum level (or threshold) of permanent loss must be:· greater than 0%; or· at least 6% for a permanent hearing loss; or at least 15% for a permanent primary psychological or psychiatric impairment. If you want to make a claim or require advice contact your union or the Labor Council of NSW on 1800 688 919. For further information
[ up to OHS NET News/Info Index ] |
|
||||||||||||
   |
  |
||
 |
Privacy Statement This site was created and powered by Social Change Online |
 |