Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 April 2017.
In September 2015, Brian severely injures himself at work. He makes a claim under his employer’s Workers Compensation Insurance and starts receiving weekly payments of compensation.
Brian attends regular work capacity assessments and in June 2016, Brian’s doctor finds he has capacity to work up to 20 hours per week. Brian is unsure what to do, so he consults his solicitor.
Because Brian has some capacity to work, his solicitor advises that the insurer:
- can reduce his weekly compensation payments by the amount he is capable of earning each week; and
- can stop weekly payments altogether after 2.5 years unless Brian works at least 15 hours per week.
Brian is also advised that his weekly payments will stop altogether after 5 years unless Brian is assessed as having a degree of permanent impairment greater than 20%, regardless of his capacity to work.
Brian can make a lump sum compensation claim for his impairment once his injury reaches its maximum level of improvement. However, the solicitor stresses that since the law changed in 2012, Brian only gets one chance to have his impairment assessed. If his injury deteriorates, he cannot be assessed again.
In February 2017, Brian is working 20 hours per week and his injury appears to have stabilised so he decides to make his lump sum claim. Brian solicitor advises him to wait, but Brian wants the money so he proceeds. He receives a payment of $37,180 for his certified assessment of 16% whole person impairment.
A short time later, Brian’s injury deteriorates and he loses all capacity to work. His doctor considers it unlikely he will ever work again. However, Brian cannot make a further lump sum claim and his weekly payments will cease in September 2020.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
