Personal injury compensation for permanent impairment in Australia

Lump sum payment as compensation may be awarded to those suffering severe injuries which decrease capacity to work and earn. Permanent impairment might be the result of accidents occur in a workplace, in a café or a restaurant, in a motor vehicle accident or due to medical malpractice. While the extent of the compensation might differ on the contribution of the negligence, depending on the claim, income support payments and medical expenses may be awarded for parties who were also negligent or partially negligent. The compensation you may receive might secure your financial future and personal injury claims are surely life changing-situations which require a great commitment and attention. In this case, you can reach to a personal injury compensation lawyer and have your case evaluated.


Permanent impairment compensation


Lump sum compensation for permanent impairment may ease the financial and emotional sufferings of someone injured and lost their capacity to work. Depending on the case, the extent of the injuries and the situation, the amount payable to the plaintiff might differ. For work-related injuries, the required threshold to meet for lump sum compensation is 11% or greater permanent impairment for physical injuries. However, if your situation is a mental injury due to impairment, the required amount for a lump sum payment is 15% or greater.


For public liability claims, determination of duty of care has vital importance as liability-based claims require a breach of duty proven to be resolved. The same scheme applies to motor accident injuries but slightly different. In motor accident compensation claims, the degree of faultiness might affect the amount of lump sum compensation. In motor accident claims, lump sum compensation may be awarded for both economic and non-economic loss. While economic loss relates to the lack of earning capacity, a non-economic loss is defined as pain & suffering, loss of amenities of life and decreased life expectancy. The required threshold for lump sum compensation for non-economic loss is more than 10%. However, for economic loss, lump payment can be claimed if the injuries are assessed as more than minor injuries with no specified threshold degree. In public liability and medical negligence cases –where a deeper investigation might be required-, the required threshold is 15% permanent impairment.


‘’Keep in mind that time limitations may apply regarding the degree of permanent impairment. In this case, it is strongly suggested to request legal aid.’’


How to make a claim?

The process is long and needs to be handled by a professional to reach the best possible outcome. Many documents are needed and some of them will make a direct impact to the case resolution.


In workers compensation cases, independent medical examinations and medical attendee statements are necessary to obtain. Documents demonstrating your health situation, ongoing treatments, expenditures for health care services and loss of income are among the much evidence needed. Same applies to motor accident, public liability and medical negligence claims. However, your lawyer might tell you that many other documents might be needed as proving the liability is difficult.


Do I need a lawyer to claim lump sum payment for permanent impairment?

Permanent impairment might decrease one’s living standards drastically and personal injury claims require professional attention. Working with a lawyer will surely be very advantageous for you as individual representations are likely to end up with upsetting results. Your lawyer will ensure you understand your entitlements and commit themselves to the case to earn the highest amount of compensation possible to secure you and your family’s future. Personal injury lawyers can be reached anytime in Western Sydney, Parramatta and Sydney CBD to have your situation evaluate and plan the next action.

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