What is a permanent impairment claim?

Were you permanently impaired in New South Wales? This can happen when you sustain an injury which results in lasting damage. If you can establish that the negligence of your employer, or someone else, such as a restaurant, resulted in your impairment, you may be entitled to monetary compensation. This monetary compensation is generally provided in addition to other weekly benefits and medical expenses. What’s My Claim Worth partners with specialist law firms throughout New South Wales who can support you and help you make a claim.

What are the laws regarding permanent impairment?

Under the Safety, Rehabilitation and Compensation Act 1988, you are considered to have a permanent impairment when you experience a permanent loss or damage, loss of use or malfunction of a part of your body, including internal bodily functions. 

If you are permanently impaired in New South Wales, there are laws in place to ensure that you can claim compensation. For injuries within the workplace, you are covered under the Workplace Injury Management and Workers Compensation Act 1998. You are also covered under the Workers Compensation Act 1987 and the Workers Compensation Regulation 2016. If the injury occurs outside of the workplace, you may need to file a common law claim which means you can receive compensation through the Civil Liability Act 2002.

To be successful with your claim, you will need to prove that your employer was wilfully or overtly negligent and that this resulted in your impairment. You will most likely also need to provide further details regarding your employment, colleagues and injuries. This does, however, vary on a case by case basis. 

For more advice, get in contact with us at What’s My Claim Worth.

What do I do about permanent impairment?

Where you submit your injury claim will depend on when and where you were injured. For example, workplace injuries will be submitted under the Workers Compensation Act 1987 Act which covers workplace impairment. You will need to prove that your employer was negligent, or, if the impairment happened elsewhere, that the company or restaurant was negligent. You must notify your employer of your injury as soon as possible, and they must give notice to their insurer within 48 hours of receiving notice. 

There are specific thresholds of impairment to meet to qualify as a claimant for a sustained injury. You will need to meet with an approved medical practitioner who must follow guidelines to determine your level of impairment. The practitioner must then provide you with a certificate of assessment stating whether or not the degree of impairment satisfies the threshold level. 

Once your employer receives the claim form, they must provide it to their insurer within five working days. The insurer will then contact you and inform you whether your claim has been accepted, disputed or pended (more information is required). You will most likely also need to provide further details regarding your employment, colleagues and injuries. 

After submitting a claims form, you may need to choose between accepting a lump sum or lodging a common law claim. In order to be successful with your claim, you will need to prove your employer was negligent. To learn more about making a claim for your injury, get in touch with us.

What is the claims process?

What’s My Claim Worth can help you start the process to get the result you need after your workplace impairment. Starting this legal process can result in monetary compensation for you, as well as potential disciplinary action for others so that someone else will not have to experience the same incident as you in the future. 

It should be noted that this is not necessarily an easy process. Without knowing the particular facts of your situation, it can be very hard to establish your rights when bringing forward a compensation claim. Start the process today and speak to What’s My Claim Worth to see whether your workplace impairment case can progress.

How long should a permanent impairment claim take?

The amount of time required to submit and process a permanent impairment claim may vary depending on several different factors. The nature of your injuries, how long they take to stabilise and the complexity of your case can all affect the length of the claim process. Once you’ve shared the details of your case with What’s My Claim Worth’s expert team, you should receive a clearer idea of how long the claim will take.

Why should I choose What’s My Claim Worth?

What’s My Claim Worth can help you to understand the value of your claim, as well as your eligibility to claim. Once confirmed, we can then put you in touch with the best legal professionals to handle your permanent impairment case claim — No Win, No Fee (excluding defendant costs if the claim is litigated).

Frequently asked questions

What is a permanent impairment assessment?

A permanent impairment assessment is a clinical assessment conducted by a medical professional that aims to determine if an injury that has been sustained at work or in an alternative setting is considered to be permanent, causing significant impairment and has reached maximum medical improvement. This assessment also allows the degree of impairment affecting the claimant to be determined by assigning each injury present with a percentage score.

When can you undergo a permanent impairment assessment?

Although you may be eager to complete the claim process, it’s important to be patient. You can only undergo a permanent impairment assessment once your injury has been deemed to have reached maximum medical improvement. In simple terms, this means that your injury is largely stable and won’t get substantially better in the near future. It can be difficult to know whether your injury has reached maximum medical improvement, so be sure to consult your doctor for their professional opinion.

How much will you receive from a permanent impairment claim?

The size of the benefit paid in response to a successful permanent impairment claim can vary depending on several different factors. In some parts of Australia, the compensation payable depends on the level of impairment an individual experiences, as determined by a medical professional, while different states and territories have varying definitions of what level of injury can be classified as permanent impairment.