Div 6Permanent impairment—economic loss

Division 6—Permanent impairment—economic loss 55—Preliminary relevant date means the relevant date, as it applies in relation to a worker, under section 5. (2) For the purposes of this Division, the age factor is the percentage that applies in relation to an injured worker under Schedule 6 (subject to the operation of subsection (3)). (3) For the purposes of Schedule 6, the relevant age of the worker is the worker's age at the relevant date. (4) For the purposes of this Division, the hours worked factor is the number of hours per week being worked by the worker (whether full‑time or part‑time) at the relevant date, expressed as a percentage of full‑time work. (5) For the purposes of subsection (4) (but subject to subsections (6) and (7)), what constitutes full‑time or part‑time work must be consistent with the determinations made under section 5 in relation to the worker. (6) If by reason of the worker's circumstances on the relevant date it is not possible to arrive at a fair determination under subsection (4), the Corporation may apply such factors as it thinks appropriate to arrive at a fair determination of the number of hours per week that will apply for the purposes of this Division. (7) Furthermore, if in relation to a worker who was working part‑time at the relevant date there is evidence that, at the relevant date, the worker had a legally enforceable right to return to full‑time work, the hours worked factor applying in relation to the worker will be based on full‑time work. (8) For the purposes of this Division, the prescribed sum is the amount applying under Schedule 7 in relation to a worker's whole person impairment. (9) In connection with the operation of subsection (8), the amount to be applied with respect to a particular injury is the amount applying under Schedule 7 at the relevant date. 56—Lump sum payments—economic loss (1) Subject to this Act, if a worker, other than a prescribed seriously injured worker, suffers a work injury resulting in permanent impairment as assessed under Part 2 Division 5, the worker is entitled (in addition to any entitlement apart from this section) to compensation for loss of future earning capacity by way of a lump sum. (2) An entitlement does not arise under this section if the worker's degree of whole person impairment from physical injury is less than 5%. (3) An entitlement does not arise under this section in relation to— (a) a psychiatric injury or consequential mental harm; or (b) noise induced hearing loss. (4) Subject to this section, the lump sum will be an amount determined as follows: LS is the lump sum PS is the prescribed sum that applies in relation to the worker's whole person impairment, provided that the prescribed sum cannot exceed the prescribed sum applicable for 34% whole person impairment AF is the age factor applying in relation to the injured worker HWF is the hours worked factor applying in relation to the injured worker. (5) If a worker suffers 2 or more impairments arising from the same injury or cause, those impairments will be assessed together and combined to determine the degree of impairment of the worker (using any principle set out in the Impairment Assessment Guidelines). (a) a worker suffers a work injury that gives rise to an entitlement under this section; and (b) the worker subsequently suffers— (i) an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury referred to in paragraph (a); or (ii) a new work injury, and the worker, as a result, has a second entitlement under this section, there will be a reduction of the lump sum payable under this section in respect of the second entitlement by the amount of the payment for the earlier entitlement unless such a reduction is incorporated into the provisions of the Impairment Assessment Guidelines (and then this subsection will apply in relation to any third or subsequent entitlement in the same way in order to ensure that each lump sum previously paid is taken into account as new entitlements arise). (7) For the purposes of this section, any degree of impairment will be assessed in accordance with Part 2 Division 5 (and the Impairment Assessment Guidelines). (8) Only 1 claim may be made under this Division in respect of any impairments that have been combined as provided by section 22 and this section (and any impairment or impairments that are not combined under section 22 will not be combined under this section). (10) Compensation is not payable under this section after the death of the worker concerned. (11) In the operation of this section, in no case can the lump sum exceed the prescribed sum adjusted by the age factor. (12) In this section— prescribed seriously injured worker means a seriously injured worker who has not made an election under section 56A. 56A—Seriously injured worker—election to receive lump sum payment (1) Subject to this section, a seriously injured worker may elect to receive a lump sum payment under section 56 at any time on or after the day on which the worker is assessed and determined to be a seriously injured worker as provided by Part 2 Division 4. A lump sum payment will be calculated in accordance with section 56, subject to the operation of this section. (2) An entitlement does not arise under this section in relation to— (a) a psychiatric injury or consequential mental harm; or (b) noise induced hearing loss. (3) If a seriously injured worker elects to receive a lump sum payment under section 56, the worker is not entitled (on and after the day on which the lump sum payment is made) to— (a) recovery/return to work services for the work injury or injuries for which the election is made; or (b) weekly payments under section 41 for— (i) the work injury or injuries for which the election is made; or (ii) another impairment arising from the same cause as the work injury or injuries for which the election is made. (4) An election under this section by a seriously injured worker— (b) takes effect from— (i) in the case of an election made by a 50% or more WPI worker—the day on which the election is approved by the Tribunal under subsection (10); or (ii) in any other case—the day on which the election is received by the Corporation, (the election day). (5) An election under this section cannot be made by a worker who is taken to be a seriously injured worker under section 21(3) pending an assessment of permanent impairment. (6) If a worker makes an election under this section, the worker is entitled to continue to receive weekly payments under section 41 as a seriously injured worker until the day immediately preceding the day on which the lump sum payment under section 56 in respect of the election is paid. (7) There will be a reduction of the lump sum payable under section 56 to a seriously injured worker who makes an election under this section by the amount of any weekly payments made to the worker after the end of the period of 104 weeks from the date on which the incapacity for work first occurs, other than weekly payments made in accordance with subsection (6) after— (a) in the case of an election made by a 50% or more WPI worker—the day on which the relevant application is referred to the Tribunal under this section; or (b) in any other case—the day on which the election is received by the Corporation. (8) An election under this section cannot be made unless— (a) the worker has received competent professional advice about the consequences of making an election; and (b) the worker has received financial advice from a qualified financial adviser about the investment or use of money to be received on the election; and (c) the worker has received advice from a recognised health practitioner about the future progression of their injury and its likely impact on their capacity to work. (9) An election under this section made by a 50% or more WPI worker is referred, by force of this subsection, to the Tribunal. (10) The Tribunal may approve the making of an election by a 50% or more WPI worker for the purposes of subsection (4)(b)(i) if satisfied that the election is in the best interests of the worker. (11) Before approving the making of an election under subsection (10), the Tribunal may take into account a report by a recognised health practitioner relating to whether or not the election is contrary to the best interests of the worker. (12) An election by a worker under this section cannot be withdrawn on or after the election day. (13) A seriously injured worker may only make 1 election under this section and after the worker receives the lump sum payment under section 56 to which the election relates, they are not entitled to a payment under section 56 for any other injury (whether suffered before or after the election). (14) In addition, a seriously injured worker who has entered into an agreement for the redemption of a liability under section 53 cannot make an election under this section for the injury or injuries to which the redemption relates. (15) The Corporation is liable to indemnify the worker for reasonable costs of obtaining the advice required under this section up to a limit prescribed by regulation. (16) A 50% or more WPI worker is entitled, subject to any limit prescribed by the regulations, to an award against the relevant compensating authority (within the meaning of section 75(9)) for the worker's reasonable costs of proceedings before the Tribunal relating to an application for an approval under subsection (10). 50% or more WPI worker means a seriously injured worker whose degree of whole person impairment has been assessed and determined under Part 2 Division 5 for the purposes of this Act to be 50% or more.