A worker must have sustained a serious injury on or after 20 October 1999 in order to lodge a claim for common law damages.
This legislative definition is often called the ‘narrative test’. For the purposes of common law, serious injury means any of the following:
Serious injury is also defined as 30% or more whole person impairment established through an impairment benefit assessment. The impairment assessor must use the American Medical Association Guides to the Evaluation of Permanent Impairment Fourth Edition.
See: Impairment assessment