Permanent Impairment Claim Lawyers

Are you permanently injured or impaired as a result of your job? If you have sustained a major long-term bodily or psychological injury as a result of your work, we can help.

Are you eligible to make a Permanent Impairment claim?

The Permanent Impairment claim process has hoops and hurdles that can be intimidating. Our role is to successfully handle all challenges and pursue your claim from start to finish.

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Are you eligible to make a Permanent Impairment claim?

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What is Permanent Impairment and what is involved in a Permanent Impairment claim?

Even after successful rehabilitation, most serious injuries leave a permanent ongoing deficit. This ongoing residual disability is referred to as permanent impairment. If you are a worker who has been injured at work or as a result of work activities and have physical or psychological limitations as a result, you may be entitled to a permanent impairment payout.

An accident or illness at work can cause some degree of permanent impairment, which can lead to:

  • Reduced range of motion of limbs etc;
  • Ongoing pain.
  • Reduced capacity for work.
  • Diminished mobility.
  • Anxiety & depression.

When determining the degree of permanent impairment, medical specialists conduct a clinical examination to assess the workers limitation and then have regard to impairment tables to come up with a permanent impairment figure.

That figure is used as a rule of thumb evaluation of the percentage of body function lost as a result of the injury or illness.

Some compensation schemes require claimants to meet a particular impairment threshold to qualify for a payout.

After conducting the assessment the medical specialist will issue a certificate of impairment to the insurer or the claimant's lawyer together with a medicolegal report explaining the basis of the impairment assessment.

Even if you have returned to work, you may still be eligible for a payout.

If you are unsure where to start, contact our expert Permanent Impairment claim lawyers for advice today.

1

Notify your employer of your work-related injury

It is crucial to notify work of your work-related injury ASAP to your supervisor or boss. Complete an Incident Report with your employer if possible. At the very least, make sure co-workers are aware of exactly what happened.

2

See a GP and obtain a Workers' Compensation Medical Certificate and Impairment Assessment.

See a doctor so they can check your work-related injury and obtain a Workers’ Compensation Medical Certificate and a referral to see a medical specialist. If your employer sends you to its doctor, you may want to consider also going to see your own GP.

3

Schedule your no obligation initial consultation

We can provide you with further information about the claim process and explore the viability of a permanent impairment claim or a TPD or Income protection claim . We'll also confirm that you qualify for no-win, no-fee terms in order to pursue your case.

4

Investigation & gathering evidence

While you recover from your injuries, we'll investigate and gather evidence. This includes gathering medical information both before and after the accident.

We'll also collect employment and income records at the same time so that we can paint a comprehensive before and after picture.

5

Lodge your claim

If the investigation turns out to be satisfactory, we'll file your insurance claim for the physical and psychological impairments you've suffered as a result of the injury or illness.

6

Claim settlement or court proceedings?

We have a good record in resolving claims without the need for court proceedings. Settlements are often achieved during an informal settlement meeting, either way, our role is to make sure you receive the payout to which you are entitled.

FAQs about Permanent Impairment claim

Every Permanent Impairment claim is unique. The length of time it takes to file a compensation claim for impairment is determined by a number of factors.

It depends on how serious your injuries are, how well you're doing medically, and how long it takes for your injuries to rehabilitate.

The insurer is allowed several months to decide whether it is prepared to accept or refuse the claim . The insurer may arrange for you to be evaluated by an independent medical examiner who will use the American Medical Association Guides to the Evaluation of Permanent Impairment to determine your level of impairment.

Once a lawyer has a clear understanding of your case, they should be able to give you an estimate of how long it will take.

A permanent impairment rating is measured by the extent of the injury that has impaired a person's ability to do common everyday activities. The higher the permanent impairment rating (DPI), the more serious the injury is.

Even minor percentages of impairment can result in a significant claim. In many cases of impairment assessments, a 3% or more uplift on the impairment rating can be applied in cases of chronic pain or other factors.

The Guide to Evaluation of Permanent Impairment (GEPI) is used in Queensland work injury cases, and it includes a permanent impairment table for certain injuries, such as:

  • Chronic muscular pain;
  • Head pain/injury - Ear, Nose and Throat;
  • Hearing issues;
  • Psychiatric nervous shock;
  • Psychological disorders;
  • Cardiovascular injuries;
  • Digestive issues;
  • Endocrine issues;
  • Haematopoietic injuries;
  • Nervous system issues;
  • Respiratory issues/injuries;
  • Skin issues;
  • Spinal injuries;
  • Urinary/reproductive issues.

The GEPI is based on the 5th Edition of the American Medical Assessment Guides (AMA Guides), with some minor changes.

Even if the assessment comes out as low as 2% DPI the person still has a permanent impairment. In serious cases of over 30% DPI, the scheme may allow an additional lump sum payment to the worker on a sliding scale up to 50% DPI based on a review by a GEPI trained OT.

The assessment of permanent impairment for a psychiatric injury is completely separate from a physical injury assessment. Two different processes are used.

The psych assessment is done using the PIRS protocol tool.

A doctor's assessment of the severity of psychological damage is based on the following four areas:

  • Activities of daily living

    Loss of enjoyment in life due to suffering.

  • Social functioning

    Pre-Psychiatric lifestyle compared to now.

  • Concentration, persistence and pace

    Concentration and ability to complete tasks such as everyday and financal tasks.

  • Adaptation/Decomposition

    Pre-existing health prior to the Psychiatric injury.

Permanent Impairment claims are frequently challenging.

Our legal team has in-depth expertise in the laws governing permanent impairment claims. We've been settling WorkCover and Common Law claims for many years, so we know the chances of your claim succeeding, how to best prepare your claim for success and how to win.

Our experience and knowledge gives us the confidence to confidence offer no-win, no-fee* terms to our clients.

We have extensive experience with claims like yours. We will get to know you and your expectations. We will tailor the best approach for your specific circumstances in order to give your Permanent Impairment Claim the best chance of success.

Are you eligible to claim for TPD, Permanent Impairment or Income Protection?

You should seek experienced legal advice as soon as possible, preferably before the WorkCover permanent impairment assessment. Your rights and interests will be maintained if you engage experienced TPD lawyers who are also experienced with permanent impairment claims.

Level of disability

Waiting periods

Subsequent work history

Your ability to perform daily activities

Education, Training & Experience

Minimum work history

Your age

Ongoing medical care

Why choose TPD Claims Lawyers?

We take the worry out of the process with decades of knowledge and the expertise to assess your claim and bring it to a successful conclusion by cost-effective means. Learn more

 

No Win No Fee.

No money payable in most cases for legal fees and expenses unless and until there's a successful outcome.

It’s about you.

Happy and satisfied clients are what our terms of service are designed to achieve.

Efficient & Effective.

Up-to-the-minute technology means we can guarantee your claim is conducted quickly and transparently.

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Permanent Impairment Claim Process

Please note, every Permanent Impairment claim is different due to the individual circumstances of the claimant, nature of the injury and the particular symptoms being experienced. The information on this site is general permanent impairment claim information only.

Process

Compile Initial Permanent Impairment claim Information

Proper claim preparation demands meticulous attention to detail. That's why we collect all the facts from you right from the start. The quicker we receive this information and signed information releases from you, the quicker your claim can be lodged.

Process

Obtaining your medical records

Once you have provided all the information we require and signed authorities, we will request your treating doctors provide records of accident -related medical treatment and treatment of conditions and injuries before and after the accident.

Process

Review of accident circumstances

It needs to be shown that the accident occurred during the course of work or as a result of it. In most cases this is not a major issue.

Process

Complete your Initial Claim

We will complete an in-depth and accurate claim submission on your behalf. The submission is based on the information provided by you and that sourced by us. It is important that you fully & frankly inform us of all employment, education and training you have undertaken.

Process

Lodging your permanent impairment claim

We will compile all medical evidence and make submissions to your super fund in support of your claim . You may be required to undergo an independent medical assessment by a specialist nominated by WorkCover to certify the extent of your impairment.

What documents/information do you need for Permanent Impairment claims?

Injury/illness details

All injuries or illnesses that may impair your ability to work should be mentioned. We'll also need the names and phone numbers of any medical providers you've seen for the condition(s).

Your work history

As far back as you can remember, detail your employment history. We'll also need to know the last time you worked.

Your work capacity

Details about your education and training, as well as any current licences. We'll also need to know how competent you are with a computer.

Any other claims

Any other claims you've made as a result of your illness or injury, such as workers' compensation or income protection.

Contact TPD Claims Lawyers

Every client has the right to a no-obligation case review at TPD Claims Lawyers. Simply call our office or complete the online form below to receive a free case review for any permanent impairment claims.

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