Receiving Compensation for Permanent Impairment
In the aftermath of a work-related injury or illness leading to lasting impairment, you may be eligible for what is referred to as 'lump sum compensation'. A lump sum payment is a one-time, singular compensation made at a specific point in time, as opposed to several smaller payments over an extended period.
For Workers: with Latent Onset or Pneumoconiosis Injuries A latent onset injury results from prolonged exposure to something (e.g., the sun or a chemical) that takes a considerable amount of time to manifest. If you have a latent onset injury or a disease categorized as pneumoconiosis, please refer to the Lump sum payments for pneumoconiosis injuries and latent onset injuries page for specific details.
Understanding 'Permanent Impairment' Permanent impairment is characterized by an injury that remains unchanged over time, unlikely to improve with additional rehabilitation or treatment, resulting in:
- Loss of effective use of a part of your body,
- Loss of part of your body, or
- A psychological or psychiatric incapacity.
How can I determine if I am eligible? You can request an assessment for permanent impairment, or WorkCover Queensland (or a self-insurer) may choose to assess you at an appropriate stage during your claim.
A medical professional conducts the assessment to determine the percentage of impairment, which is then used to calculate any potential lump sum offered.
What if I disagree with my assessment? If you disagree with your assessment, you can request evaluation by another doctor or undergo a review by a medical assessment tribunal. Inform WorkCover (or your self-insured employer) about your preference within 20 business days of receiving the assessment notice.
A decision on whether to conduct a reassessment will be made within ten days of your request. If reviewed by a medical assessment tribunal, their decision is final. If reassessed by another doctor and you still dispute the second assessment, you can seek a conclusive assessment from a medical tribunal. Their decision will be final.
How much is the lump sum? The range of impairment percentages and corresponding payment amounts is outlined in the Workers' Compensation and Rehabilitation Regulation 2014.
Do I have to accept the lump sum offer? If your impairment is less than 20%, you must choose between accepting the lump sum offer or rejecting it and pursuing common law damages. Common law claims involve suing your employer if you believe they are responsible for your injury.
You can also opt to defer your offer, allowing you to decide between the lump sum offer or seeking common law damages at a later date. Deferment occurs automatically if you haven't responded within 20 business days. For impairments of 20% or more, you can accept the offer and still seek common law damages.