Lump Sum Compensation for Latent Onset and Pneumoconiosis Injuries

If you've encountered a latent onset injury or developed a disease classified as pneumoconiosis due to work-related exposure, you may qualify for what's known as 'lump sum compensation'.

What does this mean for me? A lump sum denotes a single payment issued at a specific time, contrasting with multiple smaller payments over an extended period.

What is a 'latent onset' injury? A latent onset injury arises from prolonged exposure to something (e.g., the sun or a chemical) that takes an extended period to manifest. Examples include skin cancer, asbestos diseases, mine dust lung diseases, firefighter’s cancers, and silicosis resulting from exposure to manufactured stone.

What is pneumoconiosis? Pneumoconiosis encompasses conditions such as coal workers’ pneumoconiosis (CWP or black lung), mixed dust pneumoconiosis, silicosis, progressive massive fibrosis, and asbestosis. If diagnosed with a form of pneumoconiosis, you can be assessed for a lump sum payment, determined by your pneumoconiosis score from the ILO reading on your chest x-ray.

What is a 'terminal condition'? A terminal condition is one anticipated to conclude a person’s life. Workers with a terminal condition may be eligible for a lump sum payment.

If I have a terminal condition, what benefits am I entitled to receive? The Workers’ Compensation Regulator annually publishes lump sum payment amounts. The latent onset terminal payment is adjusted for prior benefits, and for workers over 70 years of age.

Will my compensation benefits stop? After WorkCover Queensland disburses your lump sum for a terminal condition, your claim concludes, ending entitlements to ongoing compensation, including medical expenses, wage loss, or additional lump sum payments. Subsequent treatment or care expenses become your responsibility.

I have a family who depends on my income. Are they entitled to compensation? Your family members may receive lump sum payments concurrently with your terminal lump sum benefits. Family is defined as your spouse, parents, children, siblings, or individuals acting as parents.

How do I determine if a family member is financially dependent on me? Financial dependence involves family members relying wholly or partially on your earnings.

If I sue my employer and receive a damages settlement, must I reimburse compensation lump sums from WorkCover Queensland? Yes, damages settlements or judgments received for your condition will be reduced by terminal latent onset lump sums and compensation.

Can I receive both latent onset and pneumoconiosis lump sums? No, if benefits are received for a terminal condition, simultaneous eligibility for the pneumoconiosis lump sum is not permitted.