We are all aware that if injured at work we are covered by our employer’s workers compensation insurance. The benefits available to us are defined under the Workers Compensation Act 1987.
The benefits available to injured workers have undergone “reform” over many years. What I have come to learn is that when governments “reform” benefits, all that occurs is a reduction in the benefits available.
Unfortunately this is what workers have to contend with today. That is, the benefits available to injured workers are now far less than what they have ever been. This is indeedregrettable. Many of you would have read and seen reports of incredible debt carried by the workers compensation scheme. However, the reasons for same are not in any way connected to the benefits payable to injured workers. The reason why the scheme has been, and continues to be, so inefficient and expensive is a direct result of the incompetence and neglect of those involved in its management.
Under the current scheme, a worker injured at work would ordinarily be entitled to the following benefits:
1. Weekly benefits of compensation (wages) paid at the rate of 95% for the first 13 weeks.
2. Thereafter, weekly benefits to be paid at the rate of 80% for the remaining entitlement period of 14 to 130 weeks.
3. Reimbursement and/or payment of all reasonable and necessary medical and ancillary benefits including hospital, pharmaceutical, rehabilitative and expenses, as approved by the workers compensation insurer.
4. Lump sum compensation in the event that the physical injury has resulted in a whole person impairment of greater than 10% as assessed in accordance with the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment which adopts the 5th Edition AMA Guides to the Evaluation of Permanent Impairment.
5. Lump sum compensation in the case of hearing loss of greater than 10% whole person impairment as assessed under the 5th Edition AMA Guides to the Evaluation of Permanent Impairment.
6. Lump sum compensation available for whole person impairment for psychiatric/psychological injury if the degree of impairment is at least 15% whole person impairment as assessed under the Psychiatric Impairment Rating Scale (PIRS) by a qualified Psychiatrist.
7. The current lump sum compensation amount available in the case of the death of a worker, payable to the dependents is $834,200.00, where liability has been accepted for the death.
In addition to the above referred to benefits all the legal costs of the worker in connection with any claim that is brought will be covered by a grant of legal funding obtained through the Workers Compensation Independent Review Office (WIRO). That is, the worker will receive the entirety of the benefits to which they are entitled and pay no legal costs to Brydens Lawyers for legal representation in their workers compensation claim.
Brydens Lawyers are experts in the prosecution of all workers compensation claims. If you have been injured at work then you may be entitled to lump sum compensation as well as have rights to benefits under your superannuation policy. If you are injured at work see the experts at Brydens Lawyers and contact us on 1800 848 848 or at brydens.com.au. At Brydens Lawyers #WE DO workers compensation claims.