For claims made (except claims made by exempt workers), on and after 19 June 2012:

• Permanent impairment compensation ( s66 , Workers Compensation Act 1987)
• Exempt workers, including police officers, paramedics and fire fighters, workers injured while working in or about a coal mine and bush fire fighter and emergency service volunteers:
• Permanent impairment compensation ( s66 , 1987 Act).

Date of injury on or from 5th August 2015 - maximum amount payable for permanent impairment is $713,660 (plus additional 5% for back impairment).

Date of injury prior to 5th August 2015 and exempt workers - maximum amount payable for permanent impairment is $220,000 (plus additional 5% for back impairment).

Payments for pain and suffering under s 67 of the 1987 Act are no longer available (except for exempt workers)

Exempt workers have access to ‘pain and suffering’ payments under s 67 of the 1987 Act 10% or more whole person impairment is reached. However, for permanent impairment for psychiatric and psychological injury there is a 15% threshold. The maximum amount payable for pain and suffering is $50,000. 

CPI all groups (Sydney). Adjusted 1 July. Only applies to permanent impairment claims for date of injury on or from 5th August 2015. Also excludes exempt workers.

No indexing applies to all other permanent impairment claims.

Thresholds for claims for:

• >10% permanent impairment for lump sum compensation for physical injury except for exempt workers where the threshold is >0%
• 15% or greater for primary psychological injury (for all claims)
• Work Injury Damages 15% permanent impairment Commutation 15% permanent impairment
• >10% and >20% compensation periods for medical benefits, and
• >20% access to weekly payments past 130 weeks. > 30% minimum weekly payment amount.

• Standard
• Additional 30% or greater DPI ( s192(2) )
• Gratuitous care ( s193(6) )
• Additional particular workers ( s193A(2) )
• Latent onset ( s128B ), Workers’ Compensation and Rehabilitation Act 2003.

• 216.15 times QOTE (standard)
• 216.15 times QOTE (additional —  s192(2) )
• 244.86 times QOTE (Gratuitous care)
• $36,190 (additional —  s193A(2) )
• 453.92 times QOTE (Latent onset)

If 30% or more DPI: up to 216.15 times QOTE additional lump sum compensation, payable according to a graduated scale prescribed by regulation ( s192 ).

If a worker sustains an injury that results in a DPI of 15% or more and a moderate to total level of dependency on day to day care for the fundamental activities of daily living, the worker is entitled to additional lump sum compensation of up to 244.86 times QOTE, payable according to a graduated scale prescribed by regulation, but only if:

• day to day care for the fundamental activities of daily living is to be provided at the worker’s home on a voluntary basis by another person
• the worker resides at home on a permanent basis
• the level of care required was not provided to the worker before the worker sustained the impairment, and
• the worker physically demonstrates the level of dependency ( s193 )

If a worker sustained an injury on or after 15 October 2013 and before 31 January 2015, and if:

• the worker’s injury:
• results in a DPI of 5% or less; and
• is not a terminal condition; and
• the worker has not accepted or rejected an offer of lump sum compensation from an insurer under  s189 ; and

subject to the conditions prescribed by regulation ( s193A ), the worker is entitled to additional lump sum compensation up to $36,190.

Indexation occurs annually using the Australian Bureau of Statistics (ABS) Wage Price Index ordinary time hourly rates of pay (excluding bonuses) for Western Australia, varied between the second last December quarter before the financial year commenced, and the last December quarter before the financial year commenced.

Changes in indexed rates are effective from 1 July each year.

Common law: not less than 15% WPI (limited damages) and not less than 25% WPI (unlimited damages)

Specialised retraining programs: Not less than 10% WPI but less than 15% WPI (also need to satisfy criteria determined by WorkCover)

Payment of additional expenses: (Schedule 1, Clause 18A of up to $250,000). Not less than 15% WPI (Arbitrator is also to have regard to the social and financial circumstances and the reasonable financial needs of the injured worker).

Weekly payments cease once a memorandum of agreement is registered pursuant to  s76 of the Act.

Publications / Guidance :

Workers’ Compensation and Injury Management: A Guide for Workers .

Medical Expenses / Exceptional Circumstances Medical Payments .

Indexation of Workers’ Compensation Payments 

Settlements .

There are 2 lump sum payments available:

• Non-economic loss (threshold is minimum 5% WPI)
• Economic loss (only applies where minimum of 5% and maximum of 34% WPI, as workers with WPI >35% - physical injuryand >30% psychiatric injury are entitled to income support until retirement age).

See  ss55–58 , Return to Work Act 2014.

$585,336 (non-economic loss)

$539,281 (economic loss)

See  Schedule of Sums 

$355,742.40 (208 times AWE) –  s71 

For injuries prior to 15 October 1991, maximum $177,871.20 (104 times AWE)

$174,369  single loss amount ($100,000 CPI indexed) –  s49 

$261,554 multiple loss amount ($150,000 CPI indexed) –   s50 

Economic

Non-Economic

$220,861.39 (Economic) —  s24(9) 

$82,823.06 (Non-economic) —  s27(2) 

Economic

Non-Economic

$220,861.39 (Economic) —  s39(9) 

$82,823.06 (Non-economic) —  s41(2) 

MRCA — Combined payment based on whole person impairment.

DRCA — Individual payments available for each eligible injury for both Permanent Impairment Compensation and Non-Economic Loss.

MRCA

$405.11 per week or equivalent age-based lump sum up to maximum $544,305.80 ( s74 &  s78 ).

DRCA

$220,861.39 (Permanent Impairment   s24 &  s25 )

$82,823.06 (Non-Economic Loss  s27 )

CPI. Adjusted 1 July — MRCA  s404 .

CPI. Adjusted 1 July DRCA  s13 .

Additional lump sum of $104,291.61 to an impaired person who suffers 80 or more  impairment points for each eligible dependant — MRCA  s80  

Education scheme benefits equivalent to Youth  Allowance paid for each dependent eligible young person, if the impaired person suffers 80 or more impairment points - MRCA  s258 

MRCA Supplement  maximum of $13.60 per fortnight paid if the person suffers impairment of 80 or more points — MRCA  s223 . Energy Supplement may also be payable.

Free  medical treatment for all conditions (compensable or otherwise) if the person suffers impairment of 60 or more points from compensable conditions — MRCA  s281 

Maximum $3,076.16 for financial and legal advice  compensation if the person suffers impairment of 50 or more points — MRCA  s82 

The Severe Injury Adjustment (SIA) is an  additional lump sum payable under the Defence Act 1903; the payment is administered by DVA.

$94,404.35 is the amount  payable in accordance with the  Defence Determination 2016/19 for the severely injured who suffer specific injuries resulting in no less than 80% WPI in the assessment of DRCA eligibility for permanent impairment compensation. The calculation of the SIA payable is the total amount of permanent impairment lump sum payable (economic + non-economic) under DRCA plus the SIA amount (indexed) less the maximum total amount of DRCA compensation payable with respect of the injury.

An additional lump sum payment of $100,143.27 is also payable for each dependent child if the client meets the criteria and is in receipt of the SIA.

Maximum $1,990.52 for financial advice compensation for a person in receipt of the SIA.

DRCA supplement $6.80 per fortnight  paid if the person is issued with a treatment card under DRCA. .

Payment of PI can impact on the payment of Special Rate Disability Pension — MRCA  s204 

Payment of the DRCA PI lump sums can impact the payment of disability pensions under  s25A the Veterans’ Entitlements Act 1986 (VEA).

The SIA is not offset against disability pensions payable under the VEA.

Injury prior to 1 April 2002, an independence allowance may be payable if impairment > 10% WPI

The independence allowance can be capitalised for periods of 5 years

Receipt of weekly compensation is not affected by a lump sum, or an independence allowance.