Threshold test

Waiting period

Permits discounting?

New South Wales

For exempt workers: Police officers, fire fighters, paramedics, volunteers under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, and workers injured while working in or around a coal mine:

• >0% WPI, except for: 15% WPI for psychiatric and psychological impairment, and
• 6% binaural hearing loss for hearing loss claims.
• Entitlement to pain and suffering payment: 10% WPI for physical injuries, and
• 15% WPI for psychiatric and psychological injuries.
• Entitlement to claim under Common Law: 15% WPI.
• All other workers for permanent impairment claims made on and from 19 June 2012.
• >10% WPI, except for:
• 15% WPI for psychiatric and psychological impairment.
• Entitlement to claim under Common Law: 15% WPI.
• Discounting of prior conditions is one tenth of the assessed impairment unless this is at odds with available evidence.

No waiting period

Yes

Victoria

• 10% WPI for physical injuries (5% for Chapter 3 musculoskeletal impairments)
• 10% for hearing loss (no threshold for further hearing loss claims if 10% threshold previously breached)
• 30% WPI for psychiatric impairment — not arising secondary to physical injury

Minimum of 12 months or when condition has stabilised

Apportionment

Queensland

5% DPI for hearing loss (s125)

No waiting period

Yes

Western Australia

>0% WPI, except for:10% WPI for initial noise induced hearing loss (NIHL) and 5% for subsequent NIHL

No waiting period

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South Australia

In relation to lump sum payments for non-economic loss, section 58(2) provides an entitlement does not arise under this section if the worker’s degree of whole person impairment from physical injury is less than 5%.

The economic loss lump sum is only available to workers whose whole person impairment is assessed between 5% and 29%. Seriously injured workers with a whole person impairment of 30% or more cannot receive an economic loss lump sum but receive income support until retirement age or until otherwise lawfully discontinued under the Return to Work Act 2014. Psychiatric disorders to be assessed separately from physical injuries.

For assessment of psychiatric impairment AMA5 chapter 14 is excluded and replaced by Chapter 16 Impairment Assessment Guidelines

A worker cannot be assessed until the injury has stabilised [s122(6)(a)]

Yes

Tasmania

• 5% WPI for physical injuries with the exception of loss of part or all of a finger or toe — s71(1)
• >0% WPI for loss of all or part of a finger or toe — s71(1)(d)
• 10% WPI for psychiatric impairment — s71(2)
• 5% for binaural hearing impairment caused by industrial deafness — s72A

—

Yes

Refer WorkCover Tasmania Guidelines for the Assessment of Permanent Impairment, page 6

Northern Territory

Permanent impairment - impairment, or combination of impairments of not less than 5% of the whole person – s70

• If the impairment is 5–14% WPI, the compensation payable is calculated on a sliding scale. – s71
• Impairments of 15– 84% WPI attract a benefit equal to the actual percentage given – s71
• >85% WPI receives maximum entitlement – s71

No waiting period

Apportionment

Australian Capital Territory

• 0% (no threshold).
• 6% threshold for hearing loss (boilermaker’s deafness)

Two years from date of Injury or earlier if worker has leave from the Magistrates Court or the Injury has stabilised. Injury is taken to have stabilised if the worker has returned to pre-injury weekly hours for a period of at least three months.

Yes

C’wealth Comcare

• 10% WPI
• 5% binaural hearing
• >0% Finger/toe, taste/smell
• Must qualify for PI to qualify for non-economic loss payment

No waiting period

No direct apportioning or discounting

C’wealth Seacare

• 10% WPI
• 10% hearing
• >0% Finger/toe, taste/smell
• Must qualify for PI to qualify for non-economic loss payment

No waiting period

No direct apportioning or discounting

C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) Initial compensation — 10 impairment points (IP) s69

• 5 IPs hearing, fingers, toes, taste, and smell
• Additional compensation — 5 IPs

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) s24

• 10% WPI
• 5% binaural hearing
• >0% Finger/toe, taste/smell

Must qualify for PI to qualify for non-economic loss payment

No waiting period

MRCA

Yes — apportionment

DRCA

No direct apportioning or discounting

New Zealand

10%

• Independence allowance: In most cases, claimant suffered personal injury on or after 1 April 1974 and before 1 April 2002. At least one year after the date of the injury or condition has stabilised
• Lump sums: In most cases, claimant suffered personal injury on or after 1 April 2002. At least 2 years after day of the injury or condition stabilised

Yes — apportionment