Have you been injured during the course of work or in a motor vehicle accident in NSW? You might be entitled to a permanent impairment payout if you are assessed above the threshold. The permanent impairment and compensation calculation is a complex process, and they vary from state to state. After reading this page you will be able to understand your entitlements and estimate your permanent impairment amount for your compensation claim.
What does permanent impairment mean?
Permanent impairment is a medical and legal term; it refers to a stable deteriorated health condition that does not get better with medical treatment. This condition may prevent the injured person from working and conducting daily activities
Permanent impairment assessment in NSW
The medical professional’s role in performing an impairment assessment is to provide an independent and unbiased assessment of the medical condition. American Medical Association’s guides are used by independent medical examinors to assess the injured person when they reached maximal medical improvement.
Generally, people have multiple injuries and, in these cases, the medical examinor will evaluate the injured body parts separately and add them to calculate the Whole Person Impairment (WPI). The whole person impairment is important as if the threshold is met based on your whole person impairment, it can positively increase your compensation benefits and/or result in you being eligible to make a permanent impairment claim.
Click here to skip Workers Compensation section if you only want to read about Motor Vehicle Accident claims.
Workers compensation (WorkCover) permanent impairment benefits NSW
Workers compensation permanent impairment benefits are determined according to the whole person impairment rate. The table below shows the benefits for the cases above 0%, 11% and 15%, respectively.
| Impairment rate | Benefits |
|---|---|
| Above 0% WPI | Weekly payments Medical expenses Travel expenses |
| Above 11% WPI | Lump-sum compensation (for physical injuries) |
| Above 15%WPI | Lump-sum compensation (for psychological injuries) |
| Above 15% WPI | Domestic assistance Work injury damages payout |
Table 1: Workers compensation permanent impairment benefits in NSW
How long can I receive weekly payments for my workers compensation claim?
Capacity to work and permanent impairment ratings determine the duration of weekly benefit eligibility. There is no limit for weekly payments if your permanent impairment rating is above 20%. You can see the other cases in the table below.
| Time period | Benefits |
|---|---|
| 0 – 13 Weeks | 95% of pre-injury income during periods of incapacity |
| 14 – 130 Weeks | 80% of pre-injury income during periods of incapacity |
| 131 – 260 Weeks (with work capacity) | 80% of pre-injury income or 95% of pre-injury income if working weekly 15 hours |
| 131 – 260 Weeks (without work capacity) | 80% of pre-injury income |
| After 260 Weeks (5 Years) | 80% of pre-injury income only if permanent impairment is above 20% |
Table 2: Workers compensation weekly payments in NSW
NSW Workers Compensation (WorkCover) Permanent Impairment Table 2022
NSW permanent impairments payment amounts 2022 table can be seen below. In NSW, this table is used to calculate your permanent impairment payment amount under the Workers Compensation scheme.
| Whole person impairment (WPI) | Permanent impairments payment amounts |
|---|---|
| 0% – 10% | $0 |
| 11% – 20% | $24,810 – $37,770 |
| 21% – 30% | $57,210 – $86,370 |
| 31% – 40% | $91,700 – $139,760 |
| 41% – 50% | $145,100 – $193,160 |
| 51% – 60% | $267,270 – $341,270 |
| 61% – 70% | $415,280 – $489,280 |
| 71% – 100% | $563,270 – $637,290 |
Table 3: Workers compensation weekly payments in NSW
Motor vehicle accident permanent impairment guideline
Permanent impairment payments are determined based on the whole person impairment. You can find the table of workplace-related non exempt workers permanent impairment payments below:
Compensation benefits in NSW
Any road user including pedestrians, cyclists, drivers, and passengers can be entitled to motor accident compensation benefits in NSW. Permanent impairment is an important factor to determine the eligibility of the lump sum payout for pain and suffering and the duration of weekly benefits.
The table below demonstrates the motor vehicle accident permanent for three main medical conditions.
| Medical condition | Benefits |
|---|---|
| Above 0% WPI (minor or non-minor injuries) | Income support payments Medical expenses Travel expenses |
| Non-minor injury | Lump sum payout for future loss of income |
| 11% WPI or greater | Lump sum payout for pain and suffering |
Table 4: Motor vehicle accident permanent impairment benefits
How long can I receive income support benefits for my motor vehicle accident compensation claim?
Duration Income Support Benefits
0 – 6 Months If you have a minor or non-minor injury
6 Months – 2 Years If you are not at fault and injuries are non-minor
2 Years – 3 Years If you are not at fault, your injuries are non-minor, and you made a common law claim
3 Years – 5 Years If you are not at fault, your injuries are 11% or greater, and you made a common law claim
Table 5: Income support benefits duration
For you to be entitled to claim income support benefits beyond 6 months up to 2 years, your injuries need to be non-minor, and you must not be mostly at fault.
To receive income benefits after two years, a person must have made a common law claim for damages.
To claim income support benefits between 3 – 5 years, your injuries need to have reached or be greater than 11% Whole Person Impairment.
Pain and suffering payout for car accident
Regardless of having a knee, eye, back or neck injury, you can claim pain and suffering payout if your Whole Person Impairment is 11% or greater and you we were mostly not at fault. Pain and suffering payout is also called non-economic loss.
What is a minor injury?
Minor injuries do not have a specific Whole Person Impairment range. They refer to soft tissue injuries such as muscles, tendons, and ligaments damage.
Psychological injuries can be minor or non-minor. In order for them to be non-minor, they need to be recognised as a psychiatric illness.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Work Cover Independent Review Office
• Member of the Law Society
