Compensation determined by a suitably qualified person (technical)
If a claim for impairment benefits is received by the Agent and the only claimed injury is the loss of a foetus, the IB Impairment Benefits Specialist should refer this matter to the Senior Legal Manager and/or a suitably qualified person (technical) for assistance with making a liability decision.
Agent to obtain medical reports
- what caused the termination of the pregnancy
- at what stage in the pregnancy the foetus was lost.
Circumstances when liability must be accepted
The Agent should accept liability if the medical report/s confirm that the loss:
- was a consequence of a work-related An injury/disease is work related if it arose out of or in the course of employment and the scope of employment. injury
- occurred after 16 weeks into the worker’s pregnancy.
When an Agent is to arrange an IME
If the medical report/s do not confirm the loss was work-related and happened after 16 weeks of pregnancy, then the Agent must arrange for an independent medical examination to confirm these matters.
IIA not needed if only loss of foetus claimed
If the Agent (or court) determines that liability is accepted and loss of foetus is the only injury claimed, the Agent is not required to arrange an assessment of impairment.
Amount of compensation payable
The amount of compensation payable is listed in Summary of legislated formulas.
Note: If the loss of more than one foetus occurs as the result of a single incident (for example: twins), the worker is only entitled to recover the amount specified in Summary of formulas from the legislation once.