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On 3/9/2014 the NSW Government made some workplace injuries claims changes in 'existing claims'.
Workplace accident compensation would be payable if the claim was made before 1 October 2012.
The changes apply to claims for workers compensation that were made before this date only.
The worker in a work accident claim would be entitled to:
If you sustained personal injury at work and your claim for work related injury was made before 1 October 2012 but your permanent impairment has not yet been assessed, you may still be eligible for medical expenses in serious injury compensation claims (where the degree of permanent impairment is likely to be between 21-30 %).
If your work injury claim was made ON or AFTER 1/10/2012, these changes will not apply to you.
Workplace accident compensation would be payable if the claim was made AFTER 1 October 2012. Please contact our work injury lawyers to find out what entitlements you have under the new workers compensation work injury claims system. The entitlements for injury at work would include weekly benefits in workplace accident compensation claims.
Weekly benefits for new work accident claims are now based on an injured worker's real earnings prior to injury including overtime and shift allowance. Weekly payments are now payable for the first 13 weeks after the work related injury at 95% of average earnings and thereafter payable but with period restrictions and at a reduced rate.
The Insurer now assesses the injured worker’s work capacity and whether the injured at work person can return to any type of suitable employment. If your injured worker is assessed as having some capacity to work, the worker has to seek suitable employment. From 19 June 2012 lump sum benefits for personal injury at work claims are payable if the permanent impairment is more than 10%, i.e. 11% and more.
If work injury permanent impairment assessed as 21-30% (i.e. seriously injured workers), the injured worker would be exempt from time limits that apply to weekly payments and medical and related expenses. This is often applicable to the spinal injury claims, back injury claims, brain injury claims).