You could make a permanent impairment claim when you have been physically or psychologically injured at work and are eligible for lump sum payments. These payments apply to those with permanent impairments, including psychological injuries, that meet specific eligibility criteria.
You can lodge a WPI claim when your QLD workers’ compensation claim ends. After a whole-person impairment assessment, you could be offered lump sum compensation based on the level of your permanent impairment and the types of injuries you have sustained. Moreover, you can be paid a WPI benefit with a common law claim option, depending on your circumstances.
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Permanent impairment of an injured worker refers to permanent harm, loss of use, or permanent loss of a part of your body. It also includes losing any part of your bodily system or function. The definition consists of both physical and psychological conditions. This includes damage such as:
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When you are eligible to make a whole-person impairment claim, you are likely unable to work, and your finances are limited. So, you will be happy to know you have no financial risk when you choose Splatt Lawyers for your WPI case. Our No Pay, No Risk guarantee means that you:
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You will receive a lump sum payout if you qualify for a permanent impairment claim and have a successful case. Your payout is compensation for how much your injury has affected your daily life. The degree of impact is measured using a scale which a set of guidelines for how permanent impairment is assessed.
The lump sum you receive is an additional payment to any other workers’ compensation funds you might already receive. Permanent impairment compensation includes various ongoing entitlements, emphasising the importance of understanding your rights and options regarding weekly payments, medical entitlements, and other benefits.
To qualify for a WPI claim, you must have a permanent impairment assessment of a work-related injury or illness. There is a set of legal guidelines for how this medical examination assesses your level of impairment. Your evaluation would utilise a scale to measure your degree of permanent physical or psychological damage. A medico-legal doctor (WorkCover approved) would perform a clinical assessment to analyse your injuries and calculate your level of impairment.
This evaluation follows the Guidelines for Evaluation of Permanent Impairment, as permitted by the Workers’ Compensation Regulator using section 183 of the Workers’ Compensation and Rehabilitation Act 2003 (the WCR Act). The guide for WPI in Queensland is like the one used in the American Medical Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition (AMA5).
Your percentage of impairment evaluation would determine:
The medical specialist performing your evaluation might also review your medical treatment history, and other available medical information. Call now to find out if you can claim: 1800 700 125.
If you have both physical harm and workplace mental illness because of the same injury, section 1.17 of the QLD Guidelines for Evaluation of Permanent Impairment states that these should be assessed together to determine one degree of WPI. Typically, your assessment will treat one of the above as your primary condition for calculating compensation.
This regulation does not apply if you have both a psychiatric and a psychological condition. Section 1.22 of the guide says that these would be assessed independently of your physical injury, and you would have two WPI outcomes. You cannot combine the outcome of these two evaluations.
When your WPI is assessed for a psychiatric disorder, the psychiatrist will review the following:
A “primary psychological injury” must have an impairment rating of 15% or higher in order for a claimant to be eligible for lump sum compensation.
Section 11.11 Queensland Guidelines for Evaluation of Permanent Impairment shows the six scales that assess your mental illness.
Each of these six scales has 5 class descriptors, which you can view in Tables 11.1 to 11.6 of the PIRS. These five descriptors describe the degree of your mental incapacity.
To reach the WPI level for a psychological injury, your illness must impact your capacity to work, concentration, and ability to look after yourself, which is a whole person impairment percentage of 15% or more. If you have PTSD, you are likely to qualify under these circumstances.
People seeking WPI compensation often ask: what are the QLD permanent impairment payout amounts?
As outlined in the Workers’ Compensation and Rehabilitation Act 2003 (QLD) – injured Queensland workers with an evaluation of up to 20% degree of permanent impairment have the choice of a lump sum permanent impairment payout or the right to begin a common law claim for damages. Those with a DPI above 20% can have a common law claim and lump sum payment. If you work as a first responder, such as police, ambulance, or firefighter, your threshold will be lower.
Your compensation payout is calculated by multiplying your degree of WPI by the maximum statutory compensation figure of $ 361,273 (as outlined in the Workers’ Compensation and Rehabilitation Act 2003 (Qld) 1 July 2022.
Permanent Impairment Rating | Lump Sum Compensation |
|---|---|
5% | 18,063 |
10% | 36,127 |
15% | 54,190 |
20% | 72,254 |
25% | 90,318 |
Your permanent impairment benefit is a lump sum amount that compensates you for the impact of your injury on your life. Your payout would include any sums you receive as weekly compensation payments, medical expenses reimbursement, etc.
Your other payments will continue after you receive a whole person impairment payout. The duration of time the insurer needs to fund your medical costs depends on your level of WPI. If your impairment has not been evaluated, set periods apply for these payments to continue.
Common Law Damages Claim | Lump Sum Compensation |
|---|---|
At fault claim | No-fault claim |
Damages are calculated based on the impact on your life, including quality of life and future and past economic loss. | Payout is calculated by multiplying the degree of impairment by the statutory maximum. |
A damages claim is dependent on your unique circumstances. | Compensation is not dependent on your age or how long you have worked.
|
Damages arising from a common law claim are typically more substantial than those arising from a whole person impairment rating. In a common law case, damages are determined using several “heads of damages” to compensate you for your loss.
Your lump sum offer is based on a calculation against a statutory maximum, which has nothing to do with your age, your current level of income, or what you may lose in the future. Limits for common law compensation do occur under case law and personal injury legislation as to what is considered reasonable. However, there is no set statutory number.
The above information is a general guide to the Queensland process for whole-person impairment claims. Knowing your legal entitlements, how they apply to your unique circumstances and your eligibility for pain and suffering payments is complex.
Our work compensation solicitors will take the time to understand your situation and how your life has changed following your incident. They will guide you through the legal process and ensure you receive the legal support you need. Call Now 1800 700 125.
When you need expert legal advice for a Whole Person Impairment case, it’s reassuring to know that Splatt
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First, hire a lawyer skilled in claiming compensation for whole person impairment. Your solicitor will organise your medical assessment using the legal guidelines. Your specialist doctor can evaluate your condition but not determine your level of impairment.
You must show that your injuries have stabilised for a successful payout, usually 12 months after the initial harm. When your damage is stable, you have reached maximum medical improvement (MMI).
To pursue compensation for physical and psychological injuries, you must download and complete a permanent impairment claim form and provide a report from a (SIRA)-accredited permanent impairment assessor to proceed with your claim.
The extent of your injuries determines your level of WPI and these impact:
Any injury or illness (including a mental illness) that results in a permanent loss of use or damage to a part of your body, bodily system or function can result in a claim for permanent impairment.
When you make a personal injury claim, the value of your compensation is based on the severity of your injuries and their impact on your life. The ISV scale assigns a value between zero and one hundred to make this calculation.
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