04 January 2022

A permanent impairment is a term used to describe a severe disability suffered as a result of a workplace illness or accident.

A permanent impairment is a term used to describe a severe disability suffered as a result of a workplace illness or accident. When trying to claim compensation for the injury the claimant will need to go through a medical examination to determine the extent of the injury and whether it satisfies the criteria for lump sum compensation for permanent impairment. This assessment is called a permanent impairment assessment. The following guide will outline what lump sum compensation is, what the permanent impairment assessment entails and how to make a claim.

What is lump sum compensation for permanent impairment?

If a person has suffered serious injury or illness as a result of a workplace accident they may be eligible for a number of insurance benefits, such as support for medical fees or wage benefits, to help support them while they recover. If the injury is severe and the condition is deemed unlikely to change substantially in the future then the person may be eligible for a one time payout called a lump sum compensation.

Lump sum compensation is only available to people who have been severely injured, this means that they need to have an 11% or more whole person physical impairment or 15% or more primary psychological injury to be entitled to receive permanent impairment benefits.

The process of assessing for permanent impairment is highly regulated to ensure that each person is assessed by a medical professional trained specifically in assessing injuries for insurance purposes under the relevant AMA Guidelines. This process will take place as part of the claims process and will determine the level of compensation that the claimant is entitled to.

What is a permanent impairment assessment?

A permanent impairment assessment is a clinical assessment made on behalf of the claimant to evaluate the severity of their injury and determine their eligibility for permanent impairment compensation. A permanent impairment assessment includes:

  • A review of the claimant’s relevant medical history
  • A determination of whether the condition has reached Maximum Medical Improvement. This is important because the claim can only progress once it has been determined that the patient is unlikely to get significantly better over time.
  • A decision on whether the injury or illness has resulted in an impairment, whether this impairment is permanent and what degree this impairment is caused as a result of the injury
  • A review of any pre-existing conditions and consideration of whether they caused or contributed to the injury

Taking into account the above criteria, the medical professional will determine whether the claimant has a permanent impairment and calculate the degree of that impairment to be used as evidence in the claim.

How to make a claim

Making a claim for permanent impairment can be complex, particularly if you are suffering from a serious injury. This is why it is often best to seek professional legal advice from experts in compensation law. This can help both to maximise your chances of success and the potential payout at the end of the process. Looking for a lawyer with a no-win, no-fee guarantee can help alleviate the financial stress of pursuing a claim and give you the support you need to get the claim done right. 

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