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Compensation Guide for Whole Person Impairments in NSW

28 May 2024

Every year, hundreds of thousands of Australians get injured at work. For some, this results in lifelong harm, requiring ongoing medical coverage, domestic rearrangements, and other expenses that can be disruptive to current and future living.

A lifelong injury or illness, in this context, is what’s referred to as a whole person impairment (WPI). If you’re based in New South Wales and have become injured while at work, particularly due to another’s negligence, you could be entitled to a lump sum payout of up to $713,660.

In this article, we’ll unpack whole person impairments, payout amounts, and steps that you can take if you’re considering filing a work injury claim. If you want to get personalised legal advice on your specific circumstance, book a free consultation with one of our personal injury lawyers.

Quick Links

Understanding whole person impairments
Injuries that may cause whole person impairments
Whole person impairment compensation

Filing a whole person impairment injury claim
GMP Law: Ensuring a positive case outcome

Understanding whole person impairments

Whole person impairment, also recognised as permanent impairment, is a condition where an individual experiences long-term or permanent damage that affects their ability to perform daily activities or work as they did before their injury.

Whole person impairments account for both physical and psychological injuries, with compensation amounts varying based on the severity of the impairment, its cause, and its impact on the individual’s quality of life and ability to earn an income — both current and future earning potential. A qualified medical specialist assesses whole person impairment, determining the percentage of impairment; it’s this percentage that plays a central role in calculating the compensation payout the injured person claims.

Injuries that may cause whole person impairments

While whole person impairments can account for either physical and psychological injuries, the two aren’t combined when the medical specialist determines the impairment percentage. If an individual has both a physical and psychological injury due to the same incident, these are assessed separately, and each is assigned its own impairment percentage. Moreover, if the individual has multiple injuries of any form, whether physical or psychological, each work injury gets its own WPI percentage.

The compensation you receive is based on your primary injury only — the impairment that has the highest WPI percentage.

Examples of physical injuries and their potential associated WPI percentage include the following:

Hearing loss of at least 21%: 11%
A fusion of the lumbar spine: 21%
Thumb amputation: 22%
Hip replacement: 30%
Partial loss of eyesight: 32%

Whether the work-related injury is of a muscular, skeletal, neurological, or any other nature, the degree to which the physical injury impacts the individual’s life and capabilities is the primary factor when assessing WPI.

Psychological impairments that, depending on their severity, could act as the primary injury include depression, anxiety, post-traumatic stress disorder (PTSD), and other mental health conditions that directly — as confirmed by a psychiatrist — impact a person’s ability to lead a normal life or return to work.

Consider a person who suffers from severe PTSD following a traumatic event at work. This condition could impair their ability to concentrate, interact with others, or maintain employment — significantly affecting their quality of life. If a psychiatrist evaluates this individual and determines that their PTSD constitutes a 18% whole person impairment, this percentage would serve as the primary basis for their compensation claim — assuming it is the highest percentage impairment they have.

If, conversely, the event in question was a workplace injury that led to a WPI of greater than the PTSD’s 18% (such as a severe spinal injury, for instance), then the physical injury’s WPI percentage would instead be used as the basis for the compensation claim.

Do you want to learn more about filing a compensation claim?

Call us for confidential, free advice.

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Whole person impairment compensation

In NSW, the criteria for compensation due to injury is determined by the percentage level of whole impairment W(PI). For physical injuries, sustaining an impairment of at least 11% impairment is required to qualify for lump sum compensation, with the exception of hearing loss (5% impairment), and lost limbs, for which there is no minimum threshold. For psychological injuries (general damages), a 15% WPI is required for lump sum compensation.

Whole person impairment calculator

The WPI percent to compensation scale is as follows*.

PI percentage	Compensation entitlements
0% – 10%	$0
11% – 20%	$22,480
21% – 30%	$51,880 – $96,760
31% – 40%	$83,040 – $156,510
41% – 50%	$131,440 – $216,310
51% – 60%	$242,010 – $382,170
61% – 70%	$376,030 – $547,910
71% – 74%	$510,040 – $630,770
75% – 100%	$577,050 – $713, 660

* as of June 2024

Licensed, specialised medical professionals determine the WPI percentage. For psychological conditions, a psychiatrist considers the condition’s likelihood of improvement, its current duration, and its compatibility with therapeutic interventions, among other factors.

While physical injuries differ in their assessment, the practitioner likely considers the following questions:

Is this impairment expected to be permanent?
To what extent is the impairment permanent?
Has Maximum Medical Improvement (MMI) been reached — meaning has the injury stabilised with no expected further improvement?
What impairments have arisen due to the injury?
Is the permanent impairment partially attributable to a prior injury or condition?

The medical expenses associated with WPI diagnoses can be costly — particularly in complex cases that require the assessment of multiple specialists. It’s reasons like this why we offer our clients our no-win, no-fee policy. Through this policy, we take on all the costs associated with your case: This extends beyond medical diagnoses to include court fees, expert witness expenses, and the legal fees themselves. If we don’t win your case, no payment is required from you.

Talk further about our no-win, no-fee policy with one of our compensation lawyers during your free consultation.

Book an appointment with our expert team of compensation solicitors.

Call 1800 004 878

Filing a whole person impairment injury claim

Initiating a claim involves the submission of a permanent impairment form, encompassing the required details for the claim process. However, you don’t need to submit this form if your application for ongoing benefits already requests a one-time lump sum payment for a lasting disability.

Your insurer plays a central role in the approval process of your claim. Upon receiving your claim for work injury damages, they decide on liability within one month — offering a settlement or disputing the claim. The resolution process might be extended if the insurer requires more information. In such cases, they will request additional details or arrange for an assessment of your injuries by a permanent impairment assessor within two weeks of receiving your claim. They then have up to two months to make a compensation proposal.

The compensation proposal, in part, hinges on the breach of the negligent party’s duty of care. All employers and owners of workspaces have the responsibility to ensure the safety and well-being of their employees and visitors. This includes providing adequate training and equipment, adhering to health and safety regulations, and implementing prudent preventative measures. The foundation of a whole person impairment case is:

Did the negligent party owe you a duty of care?
Was this duty of care breached?
Did the breach directly cause the illness or injury?

As the expert in workers’ compensation law, your solicitor must demonstrate the connection between the breach of duty and your injury, ultimately to establish liability and secure the payout you deserve.

GMP Law: Ensuring a positive case outcome

If you’ve sustained a serious, long-term injury, consider speaking with one of our personal injury lawyers. During your free consultation, we’ll assess the legal merit of your case, offer insight into how much compensation you may be entitled to, and inform you of what the process entails moving forward.

Trust GMP Law, Australia’s leading personal injury law firm, to help you gain the compensation you’re entitled to. Book a free, non-obligation consultation with one of our personal injury lawyers, or give us a call at 1800 004 878.

case summaries

Successful Claims

$61k settlement for 23% Whole Person Impairment

15 June 2023

Case Overview driving, lifting heavy items, restocking trays, and carrying cartons. On the day of the injury, our client was required to restack milk cartons

> Read More