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13.4 What is serious injury

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