Reforms to the Workers Compensation Scheme in 2012 provided, as is always the case, further detriment to injured workers in their claim for compensation. The changes provided that workers were entitled to have their reasonably necessary treatment expenses paid but for a limited period. These changes applied even if the claim was made before the changes came into effect.
The changes provide that an injured worker is entitled to have reasonably necessary treatment expenses paid for one year from the date of the claim or the date the injured worker ceases to be entitled to weekly payments of compensation. This time limit however did not apply to workers who have suffered an injury that results in a whole person impairment of greater than 20%.
Changes to the scheme in 2015 provided some relief for injured workers. It provided that an injured worker who suffers an injury that results in a whole person impairment of 10% or less can claim treatment expenses for up to 2 years. For those who have suffered an injury that results in a whole person impairment of between 11% and 20% then the relevant time limit is five years. Those who have suffered very significant injuries resulting in a whole person impairment of greater than 20% will have treatment expenses paid for life.
Some types of medical treatment however do not have time limits imposed on them. These include artificial aids such as hearing aids, crutches and artificial limbs. Also secondary surgery, that is surgery directly consequential to an earlier surgical procedure to the same body part, is exempted from the time limits. Similarly modifications required to an injured worker’s home and/or vehicle are also exempt from the time limit provisions.
There can be difficulty in determining whether a worker is entitled to have their treatment expenses paid and when the time limits commence to run and when they end. For over 40 years Brydens Lawyers have been the experts in the prosecution of claims on behalf of injured workers so as to ensure that they receive the compensation to which they are entitled.
For a free no obligation consultation with an expert contact Brydens Lawyers today on 1800 848 848 or at email@example.com
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.