Landmark reforms for injured workers began on 16 October 2015. These reforms support workers with the greatest needs, aid return-to-work efforts, and ensure fair benefits for all. Updates include adjustments to weekly benefits, Independent Medical Examinations (IMEs), and retirement age. Details follow below.
The key changes affecting injured workers from 16 October 2015 are as follows:
- Increased amount of lump sum compensation for permanent impairment
- Increased death benefit lump sum amount from $528,400 to $750,000
- Increased maximum for funeral expenses from $9000 to $15,000
Changes are also being made to weekly benefits and retirement age.
Injured workers are now entitled to up to 12 months of weekly payments of compensation after reaching retiring age, whether they were injured before or after 1 October 2012. When the weekly payments of compensation end, a further 12 months of medical benefits are available immediately.
Changes to IME’s for injured workers
iCare (previously WorkCover NSW) have made changes regarding the referral process for Independent Medical Examinations (IME’s).
The changes are effective from 26 October 2015 are in response to identified feedback from injured workers when requested to attend an IME.
Key changes include:
Choice of IME
The injured worker will now be provided with a choice of 3 examiners. The list of examiners will be provided to reduce unnecessary travel time and will provide injured workers with the opportunity to select their preference. Examiners will be allocated based on the injured workers residential address.
The below criteria will apply:
– Examiner location must be located within a 30 km radius from the worker in the first instance
– The radius is extended to 50 km, then 70km and finally to 100km if this is the nearest examiner that can be found
– Examiner is recommended as otherwise discussed with and agreed to by the worker
Existing IME protocol
Referral criteria for IMEs remain based on inadequate or inconsistent medical information. Evidence must show attempts to contact the treating doctor or specialist by phone, fax, or case conferencing.
An injured worker is also entitled to have an interpreter present if this is necessary
To prevent potential financial hardship, it is expected that reasonable out of pocket expenses are met by the insurer prior to the appointment or in conjunction with the appointment time frame. Reimbursements will be provided for relevant meals, transportation and accommodation (where applicable)
-The injured worker will be advised in writing at least 10 working days before the appointment. If less than 10 days is provided, the injured worker can refuse without impact on their entitlements