71Compensation for permanent impairment

### 71 Compensation for permanent impairment > *\[Section 71 Subsection (5) amended by No. 16 of 1995, s. 49 \]**\[Section 71 Subsection (9) amended by No. 16 of 1995, s. 49 \]**\[Section 71 Subsection (1) amended by No. 16 of 1995, s. 49 \]**\[Section 71 Subsection (2) amended by No. 16 of 1995, s. 49 \]**\[Section 71 Subsection (5) amended by No. 50 of 1992, s. 10 \]**\[Section 71 Subsection (6) amended by No. 50 of 1992, s. 10 \]**\[Section 71 Subsection (6) omitted by No. 16 of 1995, s. 49 \]**\[Section 71 Subsection (7) omitted by No. 16 of 1995, s. 49 \]**\[Section 71 Subsection (8) omitted by No. 16 of 1995, s. 49 \]**\[Section 71 Subsection (9) amended by No. 50 of 1992, s. 10 \]**\[Section 71 Subsection (10) amended by No. 16 of 1995, s. 49 \]*[*\[Section 71 Substituted by No. 99 of 2000, s. 37, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS37@EN) > > > (1)  [*\[Section 71 Subsection (1) amended by No. 42 of 2007, s. 18, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS18@EN) In addition to any other compensation payable under this Act, the amount of compensation payable under this section to a worker who suffers permanent impairment resulting from an injury which entitles the worker to compensation under this Act is to be calculated as at the date of the injury as follows: > > > > > > (a) subject to [paragraph (d)](#GS71@Gs1@Hpd@EN) , a worker who suffers permanent impairment assessed at a percentage of the whole person of less than 5% is not entitled to compensation under this section; > > > > > > > (b) a worker who suffers permanent impairment assessed at a percentage of the whole person of between 5% and 70%, inclusive, is entitled to compensation calculated in accordance with the following formula: > > > > > > > > [](/image/wrcam09.gif) > > > > > > > > where – > > > > > > > > > ***WPI*** is the percentage of whole person impairment; > > > > > > > > > ***BS*** is the basic salary; > > > > > > > (c) [*\[Section 71 Subsection (1) amended by No. 85 of 2009, s. 19, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS19@Hpb@EN) a worker who suffers permanent impairment assessed at a percentage of the whole person equal to more than 70% is entitled to compensation of 415 units; > > > > > > > (d) a worker who suffers permanent impairment in the form of the loss of part, or all, of a finger or toe and that impairment is assessed at a percentage of the whole person of less than 5%, the worker is entitled to compensation calculated in accordance with the following formula: > > > > > > > > [](/image/Wkcomam2.gif) > > > > > > > > where – > > > > > > > > > ***WPI*** is the percentage of whole person impairment; > > > > > > > > > ***BS*** is the basic salary. > > > (2)  The amount of compensation payable under this section to a worker who suffers permanent psychiatric impairment which entitles the worker to compensation under this Act is to be calculated as at the date of the injury as follows: > > > > > > (a) a worker who suffers permanent psychiatric impairment assessed at a percentage of the whole person of less than 10% is not entitled to compensation under this section; > > > > > > > (b) a worker who suffers permanent psychiatric impairment assessed at a percentage of the whole person of between 10% and 70%, inclusive, is entitled to compensation calculated in accordance with the following formula: > > > > > > > > [](/image/wrcam09.gif) > > > > > > > > where – > > > > > > > > > ***WPI*** is the percentage of whole person impairment; > > > > > > > > > ***BS*** is the basic salary; > > > > > > > (c) [*\[Section 71 Subsection (2) amended by No. 85 of 2009, s. 19, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS19@Hpd@EN) a worker who suffers permanent psychiatric impairment assessed at a percentage of the whole person equal to more than 70% is entitled to compensation of 415 units. > > > (3)  [*\[Section 71 Subsection (3) inserted by No. 85 of 2009, s. 19, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS19@Hpe@EN) For the purposes of this section and [section 138AB(4)](#GS138AB@Gs4@EN) , a worker who suffers an injury resulting in, or consisting in whole or in part of, the loss of a foetus that the worker has carried for at least 16 weeks since conception is to be taken to have suffered a permanent impairment, in relation to that loss, that has been assessed at a percentage of the whole person equal to 20%. > > > (4)  [*\[Section 71 Subsection (4) inserted by No. 85 of 2009, s. 19, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS19@Hpe@EN) The degree of impairment of a person for the purposes of [subsection (3)](#GS71@Gs3@EN) and [section 138AB(4)](#GS138AB@Gs4@EN) in respect of a workplace injury is in addition to any other degree of impairment that the person may be assessed to have suffered as a result of the injury.