Sections 56 and 58 of the Return to Work Act 2014 (South Australia) (“the Act”) allow an injured worker to claim lump sum compensation in the event they suffer a permanent impairment as a result of a physical work injury.
An injured worker’s entitlement to lump sum compensation is based on the degree of Whole Person Impairment (expressed as a percentage) arising from the work injury, which must be assessed in accordance with Guidelines (called the Return to Work Scheme Impairment Assessment Guidelines) which doctors must use when assessing the degree of Whole Person Impairment suffered by an injured worker, commonly referred to as a “Permanent Impairment Assessment”
Once the Permanent Impairment Assessment has taken place, the relevant ReturnToWorkSA Claims Agent or self-insured employer must consider the Permanent Impairment Assessment report and make a determination regarding the injured worker’s entitlement to lump sum compensation under the Act.
An injured worker must have a Whole Person Impairment of 5% or more to be eligible to receive lump sum compensation.
Historically, injured workers have only been entitled to one assessment of permanent impairment arising from their injuries for the purposes of claiming lump sum compensation under the Act.
Amendments to the Act in August 2022 now allow an injured worker to seek a second/subsequent assessment of permanent impairment where another impairment from the same injury or cause develops or manifests itself at a later date, after the initial Permanent Impairment Assessment has been conducted and any lump sum entitlement has been determined.
The Permanent Impairment Assessment process required to make a claim for lump sum compensation can be complicated, and the financial outcome (in terms of your entitlement to lump sum compensation) can vary substantially depending on a number of factors.
An injured worker’s entitlement to lump sum compensation is an important part of their claim. In some cases, it is the only real “compensation” injured workers receive for their work injury.
In most cases, DBH Lawyer can and will act for an injured worker in relation to a lump sum compensation claim on a “no win, no fee” basis, and we offer an “obligation free” first interview (either by phone or “in person”, whichever you prefer) for workers compensation lump sum claims
Find DH Lawyers at 66 Wright St, Adelaide or go to dbh.com.au
