6.4.2.3 Other settlement
A worker can apply for settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. if they meet one of the following sets of criteria.
Set 1:
- the worker’s claim for weekly payments was received by the Agent on or after 1 January 2005
- the worker is over 55 years of age
- the worker has no current capacity and is likely to continue indefinitely to have no current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program
- the worker has been receiving payments for at least 130 weeks.
Set 2:
- the worker’s claim for weekly payments was received by the Agent before 1 January 2005
- the worker is over 55 years of age
- the worker has no current capacity and is likely to continue indefinitely to have no current work capacity
- the worker has been receiving payments for at least 104 weeks.
Set 3:
- worker must have a serious injury for weekly payments purposes that has resulted in a whole person impairment assessed as 30% or more (using AMA2)
- worker has been receiving payments for at least 104 weeks.
Note: Set 3 only applies to workers who were injured before 12 November 1997.
Worker can reapply for a settlement
If a worker’s application for a settlement is rejected, that worker can reapply for a settlement. However, a new settlement calculation must be made.
Applicants identified
An applicant can be identified by the Agent or the worker can lodge an expression of interest.
The Agent must ensure that the worker has been assessed for all their entitlements such as impairment benefits before proceeding to finalise a settlement application as once the settlement has been paid, the worker has no further entitlements for the injury except for medical and like expenses.