The damages are for the pain, suffering and loss of amenities that a person has experienced and will continue to experience due to their injuries. For injuries suffered in Queensland, pain and suffering is generally assessed using a scale of injuries under the legislation. The Workers’ Compensation and Rehabilitation Regulation 2014 (Qld) sets out items under which injuries are categorised. The items grade injuries on a scale of 0 to 100, giving them an Injury Scale Value (ISV).
In this article, we would like to explain how workers compensation claims are calculated in Queensland. The total amount of damages the injured person will receive depends on the extent of the injured person’s injuries and how much they have impacted their life.
A common law claim for workers compensation is determined by a number of factors. The following factors are considered:
• the circumstances of the accident;
• the nature and extent of the injuries sustained;
• the nature and extent of any pre-existing injuries;
• the age and life expectancy of the person;
• whether the injuries have affected the person’s ability to earn an income in the past;
• whether the injuries are likely to affect the person’s ability to earn an income in the future;
• past and future care required, both paid and gratuitous;
• medical or other expenses incurred; and
• likely future expenses.
What Are Heads of Damages in a Compensation Claim?
Heads of damages are the elements in a compensation claim that the Court awards a monetary amount towards.
• General Damages (Pain and Suffering)
The damages are for the pain, suffering and loss of amenities that a person has experienced and will continue to experience due to their injuries. For injuries suffered in Queensland, pain and suffering is generally assessed using a scale of injuries under the legislation. The Workers’ Compensation and Rehabilitation Regulation 2014 (Qld) sets out items under which injuries are categorised. The items grade injuries on a scale of 0 to 100, giving them an Injury Scale Value (ISV). Each ISV has its own value. Accordingly, it is important to consider what ISV applies to the injuries.
• Past Economic Loss
This is a calculation of an injured person’s past loss of earnings based on their pre-injury income. Past loss of superannuation is also claimable.
• Future Economic Loss
This head of damage refers to a person’s future loss of income resulting from their injuries and the ability to perform functions. The loss of any interest and superannuation is also claimable.
• Past and Future Care & Assistance
For workplace injuries, an injured person cannot claim gratuitous care damages from its employer. For physical injuries over 15% WPI, the person may be entitled to a minor lump sum payment for gratuitous care.
• Past Out of Pocket Expenses (Special Damages)
This refers to a claim to recover expenses already paid because of injuries, such as medications, bandages, medical bills, and so on.
• Future Out of Pocket Expenses (Special Damages)
This refers to a claim to receive a lump sum payment in advance for the future medical treatment the injured person will require.
• Fox v Wood Damages
This refers to tax paid by WorkCover during a statutory claim.
How Are Common Law Damages Paid?
After the amount of common law damages is determined, WorkCover will need to see if the person owes money to other organisations, or if some money already paid to the person by WorkCover needs to be refunded. To do this, WorkCover are legally required to obtain notices from the following organisations:
• Medicare
• Centrelink
• Child Support Agency (CSA)
• May also obtain a charge from the National Disability Insurance Agency.
If you would like to find out more information about Workers Compensation Claim, or any other area of the law, please contact the Personal Injury Law team at Park & Co Lawyers.
Written by Lynn Kim
If you have any enquiries, contact Lynn at [email protected].
[ Park & Co Lawyers – Disclaimer ]
Please note that the above is to be taken as a general guide only, and does not constitute legal advice in any respect. It does not reflect any changes in the relevant law or authorities since the date of publication.
Contact Us Today
We are experienced in the different areas of personal injury claims. We work on a no-win-no-fee basis which means that if you don’t win, you don’t have to pay our legal fees. Contact us today for a free, no-obligation initial consultation. We will discuss your case and make sure you know about your legal rights.
Contact us: 07 3345 6665 / [email protected]
