The Ever Changing Landscape of Workers Compensation

PUBLISHED 16 Nov 2015

On 21 August 2015, a Bill was passed through parliament which meant changes would be coming to the Workers Compensation Legislation in NSW. Whilst it has been some months since this Bill has been passed, below is an outline of the changes that have come into practice, and the changes that will be coming into practice.

Legislative changes of note

  1. Increase in payments of lump sum compensation for injuries that occur on or after 16 October 2015;
  2. Increase in death and funeral benefits for the family of a worker who died on or after 5 August 2015;
  3. A worker injured after 1 October 2012 is entitled to weekly payments for up to one year following retirement age.

Legislative changes of note (passed but yet to be implemented)

  1. An injured worker is entitled to payment of medical treatment expenses for two years following the date of injury, or the date on which weekly payments stop;
  2. Should a worker have an impairment of 11%-20%, this entitlement period extends to five years;
  3. There is no time limit for the provision of crutches, artificial members, eyes, teeth or hearing aids;
  4. Special provisions for people with “high needs,” being an impairment of 21% or over.

Further Deterioration Claims

Further to these legislative changes, the NSW Government has also put forward a media release confirming that they are in the process of making a new regulation which will enable workers to once more be in a position to make a further deterioration claim.

On 28 August 2015, a decision was handed down in the matter of Cram Fluid v Green whereby the court found that these types of claims were unlawful. The new regulation seeks to overturn this decision. Therefore, if anyone has settled a lump sum claim prior to 19 June 2012, you will be entitled to a further deterioration claim. These regulations are likely to come in some time during November 2015.

If you or anyone you know has been affected by a work injury and believe you are entitled to compensation under the new legislative changes, do not hesitate to contact the highly experience workers compensation solicitors at Gerard Malouf and Partners for a free consultation.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.