Whole Person Permanent Impairment is an assessment expressed as a percentage reflecting a permanent functional loss that an individual has suffered as a result of a Workplace Injury. RMB Compensation Lawyer COURTNEY FINN explains:
How is my Permanent Impairment assessed?
A SIRA Approved Assessor will evaluate and assess your injury/injuries using the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th Edition, and the WorkCover Guidelines.
If you have suffered multiple physical injuries arising from or because of the same workplace incident, these injuries can be combined. If you have suffered a physical and primary psychological injury arising from the same incident, you can have your impairment assessed for both injuries. However, you are only entitled to make a claim for one.
If you have suffered a secondary psychological Injury (defined as developing psychological symptoms as a consequence of a physical injury), you are not entitled to make a claim for Permanent Impairment.
There are a multitude of criteria for assessing each body part.
For example, a shoulder injury is assessed by measuring the loss of active movement being rotation, flexion, extension, abduction and adduction. Specific considerations of shoulder injuries that have their own evaluation of impairment include arthroplasty, resections, nerve injuries and strength deficits if there is a structural loss.
Are there thresholds?
Yes. To be eligible for compensation under section 66, all permanent physical injuries must have a degree of permanent impairment over 10 per cent (including hearing loss claims). These thresholds do not apply to exempt workers such as emergency services workers, or to coal miners.
Primary psychological or psychiatric injuries are also compensable under section 66, provided that the degree of permanent impairment is at least 15 per cent.
Can I claim pain and suffering?
No, unfortunately pain and suffering is not compensable for injuries suffered after June 18, 2012.
However, workers who received an injury prior to June 18, 2012, or who were not subject to the amending legislation (emergency services workers, coal miners), can claim up to $50,000 for pain and suffering provided they are assessed as having 10 per cent or more whole person impairment.
There are several steps in making a Permanent Impairment Claim. The process and assessment can be complex and difficult to navigate. Legal advice from one of our experts will make the process easier and give you correct and crucial advice about making or accepting a claim for Permanent Impairment.