What benefits can be obtained and what expenses are covered under the NSW Workers Compensation Scheme?
Workers in New South Wales are entitled to various benefits and expenses payable by the workers compensation insurer in the event of an injury. There are also benefits available to the worker’s estate in the event of an accident resulting in the worker’s death.
The benefits can include:
- Weekly compensation payments
- Medical expenses
- Lump sum compensation for permanent impairment
- Death benefit
Weekly compensation payments are paid by the insurer to the injured worker for periods of absence from work which results from the work-related injury and there is a loss in earnings. This may occur during periods of partial or total incapacity.
Weekly payments are calculated by reference to the injured worker’s pre-injury average weekly earnings rate. The injured worker is paid at 95% of that rate for the first 13 weeks of absence and 80% of that rate for the following 14 to 130 weeks.
Things then get a little complicated. There are circumstances where an injured worker is entitled to receive ongoing weekly payments of compensation beyond the 130-week period. However, such entitlements are reserved for those workers who have suffered a very significant injury.
Medical expenses are paid by the insurer for any approved treatment, service or procedure that the injured worker may require for the work-related injury that is deemed reasonable and necessary. This would also cover travel expenses to and from appointments and the cost of medication.
The scheme also provides periods of entitlement for payment of medical expenses which can change depending upon the injured worker’s circumstances and the degree of permanent impairment which results from the particular injury.
Lump sum compensation can also be claimed for the permanent impairment resulting from a work-related injury. However, for there to be any entitlement there needs to be a binding or agreed assessment that the whole person impairment is at least 11%. Any assessment of 10% whole person impairment or less will not entitle the injured worker to receive any lump sum compensation.
It is important to note that there is a correlation between the degree of impairment assessed as a result of the work-related injury and the longer periods of entitlement to weekly benefits of compensation and medical expenses.
Death benefits are paid by the workers compensation insurer to the estate of a worker who passes as a result of a work-related injury. Benefits paid are payable to the dependants of the deceased. There is also an entitlement to recover funeral costs.
Brydens Lawyers are experts in the prosecution of work-related injury claims. For any claim for a work-related injury see Brydens Lawyers without delay. Strict time limits can apply. Contact Brydens Lawyers without delay on 1800 848 848 or visit us at brydens.com.au.