6.2.8.1 Legislation
Compensation for maims
Compensation for maims represents the permanent impairment or loss of function as a consequence of an injury.
Compensation for pain & suffering
This entitlement is for the pain and suffering associated with the injury. For injuries on and after 1 December 1992, to qualify, the amount payable must not be less than the threshold amount in the legislation.
Ministerial directions
Ministerial Directions were published on 1 June 1998 providing procedures for the determination of claims for compensation for maims and pain and suffering under the legislation.
The Ministerial Directions were amended in line with the Accident Compensation (Amendment) Act 2001 and published on 1 July 2002. These Directions apply to maims claims lodged on or after 1 July 2002.
Amendments to table of maims claims
The Accident Compensation (Amendment) Acts of 1994, 1996, 2001 and the Accident Compensation (Miscellaneous Amendment) Act 1997 introduced significant changes to the conduct and entitlement of Table of Maims claims.
These are:
- the threshold for hearing loss of 7% diminution of hearing to apply in respect of maims claims, made on or after 1 July 1994. The diminution of hearing shall be determined by a person or class of persons and in a manner approved by the Minister, determined in line with the Improved Procedure for the Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory
- maims claims made on or after 1 July 2002 must be given, served or lodged at the same time
- maims claims made on or after 12 November 1997 must include an authority which enables a provider of a medical or hospital service to the worker to release medical information in connection with the injury being claimed
- maims claims must be lodged with a copy of all the medical reports, which the worker intends to rely upon in any subsequent Court proceedings together with the worker's affidavit detailing the nature and extent of the pain and suffering resulting from the injury or injuries that are subject of the claim
- within 14 days of receipt of the Conciliation Certificate, the Legal Panel firm WorkSafe approved legal representatives must make a statutory offer which is consistent with the Medical Panel Under the legislation, unless inconsistent with the context or subject-matter — Medical Panel means a Medical Panel constituted under Division 2 of Part 12’s opinion where obtained by the Conciliation
- no amount is payable for maims and pain and suffering after the death of a worker
- the Accident Compensation (Amendment) Act 2001 introduced important procedural changes to the manner in which maims claims are to be dealt with. These procedural changes were effective on 1 July 2002.
Changes from 1 July 2002
As from 1 July 2002:
- a worker is generally required to lodge only one maims claim for all injuries sustained with the one employer
- a maims claim must seek compensation for all injuries that are compensable under the Table of Maims that were sustained with the employer named on the claim form, if the injuries are manifest and have stabilised
- a worker can only lodge two or more maims claims after 1 July 2002 and recover compensation in the following circumstances:
- the injury was not manifest at the time the most recent previous maims claim was made
- the injury claimed had not stabilised and the previous maims claim was accompanied by
- a statement that the worker intended to lodge a claim for the injury after it stabilised
- a medical report not more than three months before the date that previous maims claim was lodged stating the injury had not stabilised
- a worker may withdraw a maims claim at any time before a Conciliation certificate is issued however, if a Medical Panel opinion had been obtained earlier, this remains binding for the claimed injuries.
Maims & common law
After the date on which a compromise or settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. is made of a claim for common law damages for a work injury, where the amount paid at common law for that injury was in whole or part in respect of non-pecuniary loss A loss of earning capacity, there is no liability after that date to pay any further compensation for maims and pain and suffering for that injury.
There is also no entitlement to compensation for maims and pain and suffering for injuries which are a consequence of or sequel to the cause of action (accident).