Lump Sum WorkCover Compensation

Anyone who is hurt at work and who suffers a permanent impairment may make a claim for lump sum compensation.

Your compensation amount will depend on your level of permanent impairment. The threshold level of physical injury to get compensation is low. These are sample payments, as of March 2019.

This type of lump sum payment is part of WorkCover’s own statutory scheme, which means that the claim amount is generally smaller.

What kinds of lump sum payments can I pursue if injured?

WorkCover legislation entitles injured workers to claim lump sum compensation, but there are different types of lump sum payments available - a statutory entitlement for impairment, and compensation under a common law claim.

Lump sums at a glance

• you may be entitled to a lump sum payment if permanently impaired
• the claim is made once the injury is stable
• the injury has been assessed and graded by a specially accredited doctor
• level of payment is based upon the impairment level.

If you believe your injuries are your employer’s or someone else’s fault, we encourage you to seek further advice as soon as possible as you may have a common law entitlement to sue for pain and suffering and/or loss of earnings/earning capacity.

Can I appeal a decision made by WorkCover?

If you have a WorkCover claim, and the WorkCover insurer has made a decision that you don’t agree with, it is important that you are aware of your right to challenge this decision.

The Workplace Injury and Rehabilitation Act 2013 (WIRC Act) states that if a worker disagrees with a decision made by the WorkCover insurer they can lodge a request for conciliation with the Accident Compensation Conciliation Service (ACCS).

A request for conciliation generally needs to be lodged within 60 days of the insurer’s decision. Disputes that we often see include:

• the initial rejection of a WorkCover claim
• termination of weekly payments or medical and like expenses
• rejection of a treatment request such as surgery or psychologist visits
• failure by the insurer to calculate pre-injury average weekly earnings correctly, or
• failure by the insurer to appropriately assess as 98C or lump sum claims.

For more information about appealing WorkCover decisions see: What to do When You Disagree With a Decision Made by the WorkCover Insurer and Disputing a WorkCover Decision.