Victoria Yes limited Pain & suffering, 30% WPI or narrative test Pain & suffering: min — (post 20 Oct 1999) and/or economic loss $53 600, max $543 920 Additional requirement to prove a permanent loss of Economic loss: min 40% earning capacity $55 480, max $1 249 310 Queensland Yes General damages WRI of less than 20% or Pain & suffering: (pain & suffering) and none, worker must decide $319 050 economic loss to accept lump sum Economic loss: 3 X QOTE payment or seek damages ($3991.50) per week for each week of lost earnings Western Yes limited Economic and Mininum 15% WPI $416 569 (<25% WPI), no — Australia loss cap (min. >25% WPI) South No N/A N/A N/A Australia Tasmania Yes limited Economic and Min 20% WPI Unlimited — non-economic loss Northern No N/A N/A N/A Territory ACT Yes Unlimited Nil Unlimited outside of — Private* compensation workers’ scheme Yes limited Employee: Successful PI claim $138 571 C’wealth — Comcare loss Dependant: economic and non-economic loss Yes limited Damages for Successful PI claim Damages not to exceed C’wealth — Seacare loss $110 000 Yes Past and future 15% WPI No cap C’wealth DVA economic loss of earnings * as at 30 June 2012. Return to work Return to work (RTW) refers to assisting injured workers in getting back to work. The aim of the RTW / rehabilitation provisions in legislation is to provide for the safe and durable RTW of the injured worker as early as possible. Table 11 Sections of the Act or Regulations referring to RTW as at September 2012 — Jurisdiction Sections of the Act or Regulations New South Wales Ch 3 Workplace Injury Management Act 1998 — Part 6 2010 Regulations Victoria Accident Compensation Act 1985 Part VIIB (RTW) —
Victoria Yes — limited (post 20 Oct 1999) Pain & suffering, and/or economic loss 30% WPI or narrative test Additional requirement to prove a permanent loss of 40% earning capacity Pain & suffering: min $53 600, max $543 920 Economic loss: min $55 480, max $1 249 310 Queensland Yes General damages (pain & suffering) and economic loss WRI of less than 20% or none, worker must decide to accept lump sum payment or seek damages Pain & suffering: $319 050 Economic loss: 3 X QOTE ($3991.50) per week for each week of lost earnings Western Australia Yes — limited Economic and loss Mininum 15% WPI $416 569 (<25% WPI), no cap (min. >25% WPI) South Australia No N/A N/A N/A Tasmania Yes — limited Economic and non-economic loss Min 20% WPI Unlimited Northern Territory No N/A N/A N/A ACT Private* Yes Unlimited Nil Unlimited — outside of workers’ compensation scheme C’wealth Comcare Yes — limited Employee: loss Dependant: economic and non-economic loss Successful PI claim $138 571 C’wealth Seacare Yes — limited Damages for loss Successful PI claim Damages not to exceed $110 000 C’wealth DVA Yes Past and future economic loss of earnings 15% WPI No cap * as at 30 June 2012. Return to work Return to work (RTW) refers to assisting injured workers in getting back to work. The aim of the RTW / rehabilitation provisions in legislation is to provide for the safe and durable RTW of the injured worker as early as possible. Table 11 — Sections of the Act or Regulations referring to RTW as at September 2012 Jurisdiction Sections of the Act or Regulations New South Wales Ch 3 — Workplace Injury Management Act 1998 Part 6 2010 Regulations Victoria Accident Compensation Act 1985 — Part VIIB (RTW)