6.2 Impairment Benefits

 

Impairment benefits (IB) and Table of Maims provide lump sum compensation for permanent impairment or disabilities incurred through work-related injury.

Two different types of compensation

This chapter covers two different types of compensation, each with their own conditions and procedures.

Impairment claims – injuries on and after 12/11/97

Impairment benefits (non-economic loss benefits) for injuries incurred on or after 12 November 1997. Impairment benefits are discussed in the main body of this chapter.

WIRC Act: S210 Definitions - Compensation for non-economic loss

WIRC Act: S211 Compensation for non-economic loss - permanent impairment

WIRC Act: S212 Compensation for non-economic loss - permanent psychiatric impairment

WIRC Act: S213 Compensation for non-economic loss - industrial deafness in respect of further injury

WIRC Act: S214 Compensation for non-economic loss - loss of foetus

WIRC Act: S215 Injuries by gradual process other than industrial deafness

WIRC Act: S216 Effect of payment of compensation under this Division

WIRC Act: S217 Limits on compensation

WIRC Act: S218 Compensation not payable after death of worker except in limited circumstances

WIRC Act: S219 Compensation not to exceed relevant maximum

WIRC Act: S220 Payment of compensation as lump sum

AC Act: S98C Compensation for non-economic loss

WIRC Act: S221 No disadvantage - compensation table

AC Act: S98E No disadvantage - compensation table

Note: There are separate processes for claims lodged on or after 12 November 1997 and before 18 November 2004 and those lodged on or after 18 November 2004.   

Maims & pain and suffering claims – injuries after 31/08/85 & before 12/11/97

Lump sum entitlements based on the Table of Maims, for injuries incurred before 12 November 1997 provide compensation for permanent disability. For information about maims, see Table of maims claims .

AC Act: S98 Compensation for maims

AC Act: S98A Compensation for pain and suffering

Correct procedures

It is vital that correct procedures are followed and correct calculations are based on the relevant injury date. Refer to the correct section in this chapter that matches the type of claim.

IB claim lodged before 18/11/04 and not withdrawn

Impairments benefit claims lodged before 18 November 2004 that have not been withdrawn by the worker/workers solicitors are to be processed in line with the legislation in place before the implementation of the 2004 legislative amendments.

IB claim lodged before 18/11/04 and has been withdrawn

Impairment benefit claims lodged before 18 November 2004 that have been withdrawn by the worker/workers solicitors and have been re-lodged on or after 18 November 2004 are to be processed in line with the legislation in place post the implementation of the 2004 legislative amendments.