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Permanent Impairment
An impairment is a loss of part of the body or loss of efficient use of any part of a worker’s body.
A ‘permanent impairment’ is an impairment that is stable and stationary. This means that the injury is not likely to improve with further medical treatment or surgery. In most cases the worker will have participated in a rehabilitation program and had at least one attempt to return to work before they are assessed for permanent impairment.
If a worker has a permanent impairment as a result of their work-related injury they are entitled to lump sum compensation. The degree of permanent impairment is also used to calculate a worker’s ‘work-related impairment’ (WRI).
Under workers’ compensation legislation workers can ask WorkCover to assess the permanent impairment or WorkCover can decide to have the injury assessed as part of the claims process.
Physical injuries are normally assessed by an independent medical practitioner while hearing loss injuries are assessed by an Audiologist. Psychological injuries can only be assessed by the General Medical Assessment Tribunal (Psychiatric) which is administered by Q-COMP the workers’ compensation regulatory authority.
Unless the Medical Assessment Tribunal assessed the worker’s permanent impairment, the worker has the right to disagree with the assessment. Workers have 20 business days from receiving their Notice of Assessment (the official document which sets out the degree of permanent impairment and the offer of lump sum compensation) to tell WorkCover that they do not agree. If the worker does not agree WorkCover will refer the matter to the Medical Assessment Tribunal to make a final decision on the degree of permanent impairment.
Notice of assessment
When a worker is assessed for a permanent impairment we send them a Notice of assessment, which will tell the worker:
- if they have a permanent impairment, and if so the degree of permanent impairment, the work-related impairment (WRI), if the injury is a certificate or a non-certificate injury and the offer of lump sum compensation.
- whether they are entitled to additional lump sum compensation (only if the WRI is 30% or more)
- whether they are entitled to additional lump sum compensation for gratuitous care (only if the WRI is 15% or more and the worker meets the requirements for gratuitous care).
Once you receive a Notice of assessment, you need to decide:
- whether or not you agree with the degree of permanent impairment (except where it has been assessed by a medical assessment tribunal)
- whether to accept the offer of lump sum or choose to pursue a common law claim (where the work-related impairment is less than 20%).
You have 20 business days to make a decision. Under the Workers'
- when the worker tells us their decision about the offer of lump sum compensation, or
- 20 business days after the worker receives the Notice of assessment.
Some Notice of assessments are complex and include a number of injuries. In these cases workers may have to make decisions for each injury. If you have a question about your Notice of assessments, or you are unsure of what to do, talk to us on 1300 362 128.
