Workers’ Compensation Common Law Damages Threshold Removed

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The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 was passed with amendments by Parliament on 17 September 2015. The amendments will come into force on the date that the bill receives assent.  Various provisions are retrospective in their effect, and may be of benefit to particular workers who have been impacted by the operation of the common law threshold.

Entitlement to Damages without Threshold

Section 237 of the Act removes the Degree of Permanent Impairment (“the DPI”) assessment threshold of 5% for injuries sustained on or after 31 January 2015.  This removes the legislative requirement for an injured worker to have a DPI impairment greater than 5% before being entitled to bring a claim for damages at common law.

Lump sum payments

Section 193A provides for additional lump sum payments being available to an injured worker who has suffered an injury on or after 15 October 2013 but before 31 January 2015.

For more information regarding WorkCover Common Law Damages:

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