On the 4th of December 2015, icare (previously known as WorkCover NSW) announced further changes as a component of the NSW government ongoing NSW workers compensation reforms.
The latest reforms include benefit changes to injured employees in need of the highest benefits being those with a Whole Person Impairment (WPI) of >30%. In addition to this there were several other as well as additional changes.
Following icare’s October 2015 reform, workers’ entitlements to whole person impairment (WPI) have expanded. Agents are now reviewing claims with potential lump sum entitlements, including death and funeral expenses, plus an extra year of weekly compensation after retirement age. The regulation also allows injured workers who lodged WPI claims before 19 June 2012 to make one further claim, though no additional Section 67 (pain and suffering) claims are permitted.
4 December 2015 Reforms to benefits include:
- minimum weekly amount of $788.32 for workers with the highest needs > 30% WPI (whole person impairment)
- minimum hourly requirement removed for workers with high needs > 20% WPI
- protection of weekly payments while a work capacity decision is under review
- increased entitlement periods for medical expenses for all workers
- medical expenses for life for all workers with high needs > 20% WPI
- secondary surgery for all eligible workers
- hearing aids and prosthesis for life for all workers
Insurers are working with icare to apply the December reforms and identify impacted claims. The Workers Compensation Amendment Regulation 2015, published in November, allows workers who lodged permanent impairment claims before 19 June 2012 (under section 66) to make one further claim after that date. However, the amendment does not reinstate entitlements under the repealed section 67 for pain and suffering.
Implementation of October 2015 Reforms
October reforms introduced increases in lump sum compensation for permanent impairment, death and funeral benefits, plus an extra year of weekly payments after retirement age. Lump sum requirements have been applied, and workers entitled to weekly payments beyond retirement are being contacted
Should you need assistance, please contact us to discuss.