Permanent Impairment Claims
If an injury has left you with a lasting disability or permanent loss of function, you may be entitled to a lump sum payment on top of any other compensation you have already received. Permanent impairment claims recognise that some injuries don’t heal, and that the long-term consequences deserve to be properly compensated.
Permanent impairment payments are available under both the NSW workers compensation scheme and the CTP scheme for motor vehicle accidents. They are assessed separately from weekly benefits and medical expenses, and many people who have already made a claim are not aware that they may also be entitled to a lump sum for permanent impairment. Getting a proper assessment at the right time can make a significant difference to your overall outcome.
Who Can Claim
You may be eligible to make a permanent impairment claim if you have suffered a lasting injury or disability as a result of:
- A workplace accident or work-related illness under the NSW workers compensation scheme
- A motor vehicle accident under the NSW CTP scheme
- A work-related psychological injury that has resulted in permanent impairment
- A physical injury affecting one or more body parts, systems, or functions on a lasting basis
Both physical and psychological permanent impairment are recognised under NSW law, though different thresholds and assessment frameworks apply depending on the scheme under which the claim is made.
How a Claim Works in NSW
Permanent impairment claims follow different processes depending on whether they arise under the workers compensation scheme or the CTP scheme.
Under workers compensation, a claim for permanent impairment compensation can be made once your injury has stabilised and is assessed as having resulted in a lasting degree of whole person impairment. The assessment is conducted by an approved medical specialist, and the degree of impairment determines the lump sum payable under the workers compensation legislation.
Under the CTP scheme, a claim for non-economic loss, which covers pain and suffering and loss of enjoyment of life, is available to claimants whose injuries meet the relevant threshold of whole person impairment as assessed under the Motor Accident Injuries Act 2017.
- Obtain legal advice to determine when your injury has sufficiently stabilised for assessment.
- Undergo assessment by an approved medical specialist under the relevant scheme.
- If the insurer disputes the assessment, the matter may be referred to the Personal Injury Commission for determination.
- Receive your lump sum payment where the assessment supports entitlement.
Why You Might Want a Specialist Lawyer
Permanent impairment assessments are a significant battleground between claimants and insurers. Insurers frequently arrange their own assessments, challenge assessments they consider too high, and argue that impairment is attributable to pre-existing conditions rather than the relevant injury. We help you:
- Ensure the assessment process is properly managed and reflects the full extent of your impairment
- Challenge insurer assessments that underrate your degree of impairment
- Identify all body parts and systems affected by your injury, including psychological impairment
- Pursue disputes through the Personal Injury Commission where the insurer’s position is not justified
What Compensation Could You Receive?
The amount of permanent impairment compensation depends on the degree of whole person impairment assessed and the scheme under which the claim is made. Under the NSW workers compensation scheme, lump sum payments for permanent impairment can range from modest amounts for minor impairment to substantial sums for severe and permanent disability. Under the CTP scheme, non-economic loss compensation is available to claimants who meet the relevant threshold and is calculated according to a statutory scale.
FAQ
My injury happened some time ago and I have already settled my claim. Can I still make a permanent impairment claim?
It depends on the terms of your settlement. In some cases, a settlement resolves all entitlements including permanent impairment. In others, permanent impairment is dealt with separately. We can review your settlement documentation and advise on whether any further entitlement remains available.
How do I know when my injury has stabilised enough for assessment?
Stabilisation, sometimes called maximum medical improvement, generally means that your condition is unlikely to change significantly with further treatment. Your treating doctor can advise on this, and we can help you identify the right time to proceed with an assessment in the context of your overall claim strategy.
My impairment affects me psychologically as well as physically. Can both be claimed?
Yes. Both physical and psychological impairment can be assessed and claimed, though they are assessed under different frameworks and the results are not simply added together. We will ensure both aspects of your impairment are properly captured in the assessment process.
