6.2.7 Loss of a foetus

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

If a claim is made for loss of a foetus, the Agent must obtain medical reports from the worker’s treating medical practitioner/s to find out these facts:

  • 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:

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.

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