Injured NSW nurse entitled to weekly compensation payments for life

Published 13 Apr 2018

Our client was employed by the NSW Department of Health as a nurse for over 30 years.

As a result of the demanding nature of his work, he started to notice a deterioration in his mental health.  The pressure and excessive workload included working 18 hours a day, 7 days a week.  He wasn’t employed to do those hours but the work itself required him to attend in doing those hours.  It was not only he but all the others in his department that were suffering the same consequence of excessive work and limited resources.

Due to workplace stress, our client was medically retired from his position in 2010.

The workers compensation claim was then accepted by the insurer and our client has been paid medical expenses and weekly compensation.

Recently, the insurer arranged for our client to be assessed by a medico-legal doctor to comment on his Whole Person Impairment. In 2012, the government introduced reforms to the Workers Compensation Act 1987 (NSW), specifically the inclusion of section 39. As a result of these reforms, injured workers are not entitled to a continuation of weekly payments beyond the 260 week period unless an injured worker is assessed as having a Whole Person Impairment of 21% or higher.

Our client was very worried about his assessment, as he was potentially facing the outcome of being cut off his weekly payment entitlements if he did not reach the 21% threshold.

Eventually, our client was assessed on behalf of the insurer and it was agreed that our client exceed the 21% threshold and was therefore entitled to receive weekly compensation benefits and medical expenses for life.

Further, based on the whole person impairment assessment, the team here at Gerard Malouf and Partners also made a claim for lump sum compensation on behalf of our client.

Lump sum compensation is available for psychologically injured workers who establish an impairment threshold of 15% Whole Person Impairment. 

Gerard Malouf and Partners were also successful in settling a lump sum claim on behalf of our client for almost $40,000, which is a payment our client is entitled to in addition to his weekly compensation and medical expense payments.

Have you recently been assessed in relation to your Whole Person Impairment pursuant to section 39 of the Act? Have you received notice from the workers compensation insurer that you are due to be assessed for your impairment?

Contact Gerard Malouf and Partners on 1800-004-878 for a complimentary free consultation to assess your legal rights and to provide you with free advice.