How are compensation payout figures calculated?
How compensation payout figures are calculated will depend on the type of claim.
An Impairment Benefit claim is a lump sum claim paid by the relevant WorkCover insurer if you have sustained an injury at work, or the TAC if you have sustained an injury in a motor vehicle accident. A Common Law claim is a larger lump sum claim that can be pursued for personal injuries sustained where a person or company capable of being sued was negligent in causing or contributing to your injury.
In an Impairment Benefit claim if you have a physical injury the figure depends on the whole person impairment percentage calculated in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition (“AMA Guides”). How the percentage is calculated using the AMA Guides will depend on the body part injured. Depending on the body part various things are taken into account including but not limited to the doctor’s findings during examination, surgeries undergone, and radiology reports. In order to receive compensation for a musculoskeletal injury the whole person impairment needs to be 5% or more, for any other physical injury the whole person impairment needs to be 10% or more.
In an Impairment Benefit claim if you have a psychological injury the payout figure depends on the whole person impairment percentage calculated in accordance with the Guide for the Evaluation of Psychiatric Impairment for Clinicians (GEPIC). The examining psychiatrist measures mental function in six key areas: intelligence, thinking, perception, judgement, mood, and behaviour. Each key area is then given a score from one to five, and the medial number is converted into your whole person percentage. In order to receive compensation for a psychological injury the whole person impairment needs to be 30% or more.
In a Common Law claim the compensation figures depend on the medical evidence in relation to your injury, how the injury has personally impacted you (e.g. how the injury has affected your hobbies or your ability to perform daily living activities), and the degree of negligence by the other person or company in contributing or causing your injury. The compensation figure will also depend on if your Common Law claim is lodged for pain and suffering only, or for both pain and suffering and loss of earnings. The lawyer acting on your behalf will be able to discuss potential compensation figures based on our experience and cases similar to yours decided by the Courts.
What are the benefits of hiring a lawyer?
As personal injury lawyers we are familiar with how impairment is calculated and will be in the best position to advise if your injuries are likely to reach the compensation thresholds. We are also able to assist you throughout the Impairment Benefit claims process.
We also have vast experience in representing injured people in Common Law claims and do our best to maximise your compensation. Often injured people may assume they are unable to lodge a Common Law claim because they do not think there was any negligence involved, however as personal injury lawyers we can identify negligence that you may not be aware of such as breaches of Occupational Health & Safety Act.
How long does it take to settle claims?
Once an Impairment Benefit Claim is lodged the WorkCover insurer or the TAC has 120 days to provide the outcome of the assessment.
Once an application to pursue a Common Law claim is lodged the law firm representing the WorkCover insurer or the TAC have 120 days to provide a decision on whether a Serious Injury certificate will be granted so a claim in negligence can be pursued. In Medical Negligence and Public Liability, once an application to pursue a Common Law claim is lodged the law firm representing the person or company that was negligent will have 60 days to provide a decision on whether they agree with a Significant Injury assessment. How long the settlement process takes will depend on the outcome of the Serious Injury or Significant Injury application. The lawyer representing you will be in the best position to provide advice in relation to the likely settlement timeframe.
Where can I find the best lawyers near me?
At Gordon Legal our lawyers have years of experience representing injured people. Our focus is to keep you informed about your claim, the claims process, and maximise your compensation.
Gordon Legal has represented people in compensation claims right across Victoria. Our team is readily available with offices in Melbourne, Geelong and Dandenong. We also have a number of visiting offices and are affiliated with many Unions so we can meet you at our local visiting office or your Union’s office. The affiliated Union offices we can visit includes:
For more information about making a claim and your rights if you suffer an injury call us on 1800 21 22 23 between 9 am and 5 pm Monday to Friday.
Get in touch
As expert compensation lawyers in Melbourne and Geelong, our legal advice is designed to explain the complexities of the legal process which may relate to your insurance claims, public liability claims, workers compensation and medical negligence claims in a frank and honest way so that you understand how and whether you are prepared to proceed.
The first step in this process is to get in touch our team of compensation lawyers. Our office can be contacted directly by phone on 1800 21 22 23 or you can submit the details of your claim through our website portal and one of our lawyers in Melbourne or Geelong will contact you for further details if they are required. We will offer you our honest legal opinion for your claim for and you can choose to proceed further with us if we believe we can successfully help you, or not. You are under no obligation to accept our services if they are offered to you.
If you are aware of some of your entitlements relating to your personal injury, such as workers compensation payments, and you believe that they have not been made available to you, then we offer services like representation and mediation which will help you fight for your rights and entitlements. Our team includes dedicated WorkCover lawyers with specialist legal skills and experience relating to industrial accidents, industrial negligence and asbestos exposure. We also have highly experienced compensation lawyers who can help you with superannuation claims and entitlements, including superannuation insurance.