6.3.9.2 Whole person impairment less than 30%

If whole person impairment is determined as less than 30%, the worker cannot claim damages for the injury unless Agent is satisfied that the injury is a serious injury.

Alternatively, a court can give leave for the worker to claim damages.

Who	Action
Panel solicitor	If the whole person impairment assessment is less than 30% and the panel solicitor recommends that Agent does not grant a SI certificate and Agent agrees, then the panel solicitor informs the worker.
Worker	The worker has 30 days from receipt of the determination to issue proceedings in the County Court seeking leave to bring proceedings for the recovery of damages. AC s135A
WorkSafe	Agent may be called on with a panel solicitor’s recommendation to change their original decision and: determine that the injury is serious issue a SI certificate to the worker based on the format recommended by the panel solicitor approve a cost arrangement with the worker’s solicitor if the application is withdrawn. Agent must decide whether to accept or reject the panel solicitor’s advice.

Who

Action

Panel solicitor

If the whole person impairment assessment is less than 30% and the panel solicitor recommends that Agent does not grant a SI certificate and Agent agrees, then the panel solicitor informs the worker.

Worker

The worker has 30 days from receipt of the determination to issue proceedings in the County Court seeking leave to bring proceedings for the recovery of damages.

AC s135A

WorkSafe

Agent may be called on with a panel solicitor’s recommendation to change their original decision and:

determine that the injury is serious
issue a SI certificate to the worker based on the format recommended by the panel solicitor
approve a cost arrangement with the worker’s solicitor if the application is withdrawn.

Agent must decide whether to accept or reject the panel solicitor’s advice.

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