The NSW Workers Compensation scheme is entering a time of significant change. Once fully commenced, the changes will impact on all types of claims generally with specific focus on psychological claims in particular.
What are some of the major changes occurring?
- Firstly, increased liability considerations for brand-new psychological claims and a new jurisdiction at the Industrial Relations Commission for dealing with disputes.
- Secondly, the modification to the whole person impairment (WPI) thresholds for psychological injuries. When these changes come into effect, clients will need to meet a 25% WPI threshold to be eligible for lump sum compensation and long-term benefits from the insurer; this percentage will incrementally increase over time.
- Thirdly, new maximum time limits for weekly compensation and treatment apply for new psychological injury claims assessed with a WPI below 25%.
- Fourthly, the legal test for treatment is changing from “reasonably necessary” to “reasonable and necessary.” This change appears to apply to all claims with a treatment request lodged after the commencement of the provision. Even though the wording is only a slight change, it could lead to it being harder for an injured person to get treatment covered by the insurer (applies to exempt workers)
- Finally, the entire process for claiming WPI will change to involving one single assessment of WPI, overseen by SIRA.
How Walker Law Group can help
It is clear that new psychological injury claims will have the greatest changes but the new method for assessing WPI and the alteration of the test for treatment impacts both physical and psychological injuries.
In the midst of this changing and uncertain insurance landscape, it is essential that an injured person has an experienced legal practitioner to help them navigate this uncertainty.
If you are an injured worker in NSW and need help understanding how the changes affect you (including ‘exempt workers’ who are impacted only in some ways) please don’t hesitate to reach out to the Walker Law Group.
