We received an important email from someone who can confirm that as a result of the recent NSW Goudappel case win, some workcover insurers have honored the current court ruling and are now paying out claims for (s-67) to eligible NSW injured workers.
The kind author of the email states “I know many NSW workers use your site. I would like to get this message out there. I think it’s important that NSW workers are aware of their current entitlements and rights. Please feel free to have it checked over or amend as needed, but I have just experienced this situation with someone, so it is all factual.”
NSW injured workers- be aware of your current entitlements and rights
TO ALL NSW INJURED WORKERS,
- IF YOU WE’RE INJURED PRIOR TO 19TH JUNE 2012
- AND YOU ALREADY HAD OR ARE SOON ABOUT TO HAVE YOUR LEVEL OF PERMANENT IMPAIRMENT ASSESSED
- AND YOUR LEVEL OF WHOLE PERSON IMPAIRMENT(WPI)IS 10% OR GREATER
- AND YOU HAVE NOT YET RECEIVED A LUMP SUM PAYMENT FOR (s67) PAIN AND SUFFERING FOR THAT INJURY
- OR YOU MAY HAVE RECENTLY BEEN DENIED s67 DUE TO THE NEW RETROSPECTIVE CHANGES
HENCE, IN ADDITION TO A (s66) LUMP SUM CLAIM, YOU MAY NOW ‘ALSO’ HAVE A LEGITIMATE CLAIM FOR (s-67) ‘PAIN AND SUFFERING’ UNDER THE ORIGINAL SYSTEM.
TWELVE MONTHS AGO (s-67) WAS ABOLISHED AND RETROSPECTIVELY WIPED OUT BY THE NSW STATE GOVERNMENT, HOWEVER AS A RESULT OF THE SUCCESSFUL GOUDAPPEL CASE, THE NSW SUPREME COURT HAS RULED THAT THE NEW LUMP SUM CHANGES DO NOT APPLY TO WORKERS WHO WERE INJURED PRIOR TO 19th JUNE 2012.
ALTHOUGH THE NEW RULING HAS FALLEN IN THE WORKERS’S FAVOUR, IT IS HARD TO PREDICT HOW THIS MATTER WILL UNFOLD OVER THE COMING MONTHS, HOWEVER IT WOULD BE WISE TO MAKE A CLAIM NOW IF YOU ARE ELIGIBLE AND READY TO DO SO.
I CAN CONFIRM THAT AS A RESULT OF THE RECENT GOUDAPPEL WIN, SOME INSURERS HAVE HONORED THE CURRENT COURT RULING AND ARE NOW PAYING OUT CLAIMS FOR (s-67)TO ELIGIBLE WORKERS. NSW WORKERS SHOULD BE AWARE OF THESE CURRENT CHANGES.
NOTE: THIS IS ONLY GENERAL ADVICE, EACH INDIVIDUAL WORKERS COMPENSATION CASE IS UNIQUE. THE LIMITATIONS PERIODS AND ELIGIBILITY TO MAKE CERTAIN CLAIMS CAN BE VERY COMPLEX. IF YOU BELIEVE YOU COULD BE ELIGIBLE FOR (s-66) AND/OR (s67) CLAIMS UNDER THE ‘FORMER’ LEGISLATION, TO CONFIRM THIS I WOULD SUGGEST THE WORKER SEEK LEGAL ADVICE AS SOON AS POSSIBLE.
Note: all our updated Goudappel articles can be found under the “Goudappel” search tag