Queensland Yes General damages WRI2 of less than 20% or Pain & suffering: (pain & suffering) and none, worker must decide to $302 850. economic loss accept lump sum payment or Economic loss: 3 X QOTE seek damages ($3789.60) pw for each week of lost earnings Western Yes - limited Economic and Min. 15% WPI1 $400 475 (<25% WPI1), no loss cap (min. >25% WPI1) Australia South No N/A N/A N/A Australia Tasmania Yes - limited Economic and Min 20% WPI1 Unlimited non-economic loss Northern No N/A N/A N/A Territory ACT Yes Unlimited Nil Unlimited - outside of compensation Private* workers’ scheme Yes - limited Employee: Successful PI3 claim $110 000 C’wealth loss Dependent: economic and non-economic loss * as at 30 June 2013 1. WPI Whole Person Impairment. – 2. WRI Work Related Impairment. – 3. PI Permanent Impairment. – 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 2013 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). Workplace Injury — Rehabilitation and Compensation Act 2013 - Part 4 (from 1 July 2014). Queensland Act s220; s221; s228 Reg s101-110 Western Australia Compensation Code of Practice (Injury Workers’ Management (2005): cl1–9. Act: s3; s5(1); s64; s65 s72B; s84AA(1); s84AB; Part IX; Part IXA. South Australia s26 to s28D Tasmania Part XI of the Workers Rehabilitation and Compensation Act 1988 Northern s75A and s75B, Accredited Vocational Rehabilitation Providers S50 Territory
Queensland Yes General damages (pain & suffering) and economic loss WRI2 of less than 20% or none, worker must decide to accept lump sum payment or seek damages Pain & suffering: $302 850. Economic loss: 3 X QOTE ($3789.60) pw for each week of lost earnings Western Australia Yes - limited Economic and loss Min. 15% WPI1 $400 475 (<25% WPI1), no cap (min. >25% WPI1) South Australia No N/A N/A N/A Tasmania Yes - limited Economic and non-economic loss Min 20% WPI1 Unlimited Northern Territory No N/A N/A N/A ACT Private* Yes Unlimited Nil Unlimited - outside of workers’ compensation scheme C’wealth Yes - limited Employee: loss Dependent: economic and non-economic loss Successful PI3 claim $110 000 * as at 30 June 2013 1. WPI – Whole Person Impairment. 2. WRI – Work Related Impairment. 3. PI – Permanent Impairment. 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 2013 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). Workplace Injury Rehabilitation and Compensation Act 2013 - Part 4 (from 1 July 2014). Queensland Act s220; s221; s228 Reg s101-110 Western Australia Workers’ Compensation Code of Practice (Injury Management (2005): cl1–9. Act: s3; s5(1); s64; s65 s72B; s84AA(1); s84AB; Part IX; Part IXA. South Australia s26 to s28D Tasmania Part XI of the Workers Rehabilitation and Compensation Act 1988 Northern Territory s75A and s75B, Accredited Vocational Rehabilitation Providers S50