What Your Workers Compensation Claim Maybe Worth?
The maximum level of workers compensation benefits you are entitled to are set out in Schedule 2 of the Workers Compensation and Injury Management Act 1981. The maximum benefits are:
- Weekly payments and money for permanent impairment: $235,971.00
- Medical Expenses and Statutory expenses: $70,791.00
- Rehabilitation Expenses: $16,518.00
In addition to the above prescribed workers compensation benefits in certain circumstances, the amount that you are entitled to may be increased.
Extension to Prescribed Amount for Weekly Payments
WorkCover WA, the workers compensation court in Western Australia, may extend the amount you are entitled to for workers compensation weekly payments by an amount of no more than 75% of the prescribed amount may be ordered where a worker suffers permanent total incapacity as a result of a work related injury and his/her social and financial circumstances justify it.
It is generally difficult to obtain an order for an extension to the prescribed amount for weekly payments of compensation as injured workers will often be fit for at least some sedentary employment.
Extensions to the Prescribed Amount for Medical Expenses
In respect of medical expenses, an additional amount of up to $50,000 may be ordered by an arbitrator where a worker’s social and financial circumstances justify it. An additional amount of up to $250,000, beyond the $50,000, may be ordered by an arbitrator in limited circumstances the circumstances described in Schedule 1, clause 18A(2aa) of the Workers’ Compensation and Injury Management Act 1981 which includes a requirement that the injured worker has a whole person impairment of not less than 15%.
The first extension of $50,000.00 is given in many cases as a matter of course without the need for any WorkCover proceedings. The second extension of up to $250,000.00 is very uncommon and in our experience becomes relevant in less than 1% of cases.
Maximum Payments for Permanent Impairment
The maximum benefits payable for permanent impairment depends on the body parts injured. The relevant amounts can be found at WorkCover WA Indexation of Workers’ Compensation Payments 2020/21 Table of Compensation Payable – Part 2.
For more information about workers compensation claim in WA, please find out more here: https://foylelegal.com/personal-injuries/workers-compensation-claim/