What to know about Impairment Benefits in Victoria
Published on Posted onPlease note that this post was written for Victorian audiences and the information within may not apply to other regions.
What are Impairment Benefits
If you have an accepted WorkCover claim in Victoria there are a number of benefits and compensation options that can make the whole process confusing and difficult to understand and navigate. If it is determined that your work-related injury has resulted in a permanent impairment, you may be entitled to a lump sum payment called an impairment benefit. Unlike weekly payments, this benefit is a one-time lump sum payment, being separate from other compensatory forms such as loss of income or medical expenses. It can become confusing to understand what exactly a permanent impairment is, eligibility requirements and how the claim is assessed.
How do I get an impairment benefit
In order to pursue this lump sum, your injury must be considered stable – meaning the injury is likely to remain unchanged and static in nature (i.e. your condition is unlikely to get markedly worse or better). This assessment is completed via an independent examination with a licensed impairment assessor.
Impairment is measured with reference to the American Medical Association’s ‘Guides to the Evaluation of Permanent Impairment’, which provides instructions on the calculation of an impairment percentage. If your impairment rating is above the relevant threshold (for spinal injuries this is 5% and 10% for other physical injuries and for psychological injuries the threshold is 30%) you are eligible for an impairment benefit lump sum payment.
We recommend seeking legal advice before undergoing any WorkCover assessment process or examination, to ensure you are fully informed and understand the process.
What if I don’t agree with my given rating
It is vital to understand that you have the right to dispute an outcome if you disagree with your permanent impairment rating. This may involve requesting the Medical Panel conduct a review and provide you a new impairment rating (which could be higher, lower or the same as what the independent assessor found). If you are reviewed by the Medical Panel, the decision is final and appealing is only possible in limited circumstances.
At Zaparas Lawyers, we understand how hard the WorkCover scheme is to navigate. As such, it is essential that you seek legal advice to ensure you are thoroughly aware of all your entitlements as well as any potential ramifications of accepting an impairment assessment.
