We have written about it many times (see for example “Mitigation of Damages“), but perhaps it’s time to re-highlight that an injured person who makes a claim for compensation is actually required to take all reasonable steps to mitigate his or her loss. So what does this actually mean?
In August 2015 the NSW Court of Appeal decided that NSW injured workers could not make more than one lump-sum insurance claim. In other words that injured workers could not top up their lump-sum compensation payment if their condition deteriorated. However, yesterday (Monday 26 Oct 15), the state government will make a new regulation to override that court decision in that case, known as Cram Fluid Power v Green.
We refer to our Legal Question section, where a couple of questions have been posted regarding redemption under the old and new WorkCover (Return to Work) SA legislation. Redemption agreements have positive but also negative consequences and our SA injured workers need to be well-informed before accepting (or rejecting) a redemption.
Stabilisation of injury (aka Maximum Medical Improvement, or MMI), is a simple yet extremely important concept in every workcover claim. It refers to the point in your medical treatment beyond which you are not expected to get any better (or worse) by 3%. This is not to say that your medical treatment is finished but it’s aimed to maintain your current level of health and functioning. As an injured worker only gets to apply for a serious injury once it is important that the claim is not made prematurely.
A recent Presidential Decision in the matter of Caulfield v Kartaway Pty Limited  NSWWCCPD 34 (Caulfield) has clarified (or further confused) the recent High Court’s decision in the Goudappel case in relation to further claims for permanent impairment in NSW.
Do you, like Judy, read legal cases or stories involving considerable sums of compensation payouts to injured workers and wonder why it is that you did not receive any such compensation (payout) from workcover, even though you are badly injured and may never work again? If you do, read on as we’ll explain how this “compensation” works in Victoria and hope it all makes some sense.
The current workcover system for impairment rating is not fair at all. If you have read the previous post about “claiming compensation for pain and suffering” you may well have realised that our current workcover legal system is not set up as fairly as you first thought!
It is only when you or someone close to you is a victim of a workplace accident that you actually discover the VIC (and most other state) Government is denying you of a lumpsum and of the common law right of access to justice for any pain and suffering endured.