Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 February 2018.
John is a timber mill worker. Unfortunately, he is injured at work, when a piece of timber strikes him, causing a serious fracture to his left arm.
John is unable to work for approximately five months, before returning on light duties.
During the time that he is off-work, John makes a claim for workers compensation and for the first three months he receives 95% of his pre-injury average weekly earnings.
John is then only entitled to receive 80% of his average weekly earnings for the remainder of the time he is off-work.
John also receives payment of his medical expenses.
When John does return to work he continues to have significant problems with his left arm. Fortunately, John is right-hand dominant and is able to perform most of his work without too much difficulty.
After 18 months pass since he was injured, John sees a solicitor in relation to his continuing impairment.
John is informed that he can make a claim for his impairment under the Workers Compensation Act provided he has more than 10% “whole person impairment”, but he can only make one claim.
John is referred to a doctor who prepares medico-legal reports. The doctor states that John’s injury to his left arm has “stabilized” and that he has 12% whole person impairment.
The timber mill’s insurance company obtains their own medico-legal report which also confirms that John has a 12% whole person impairment.
Ultimately, John receives a lump sum payment for his impairment of $25,420 which was the applicable rate at the time of his accident in September of 2015.
Workers compensation law can be complicated, and it is advisable for injured workers to see a solicitor at an early stage to ascertain their rights.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
