Regulation Clarifies Workers Compensation Law

Under NSW legislation, only a single claim can be made for a lump sum payment under workers compensation law. However, a recent announcement by the NSW government has made an exception to this clause, in light of the major changes made in 2012 to the compensation injured workers received.

As such, thousands of workers may be entitled to additional payment for their injuries.Changes to workers compensation lawThe NSW government has announced recent changes to workers compensation law for claims made before June 19 2012, when material changes to lump sum compensation came into effect.Outlined by the Department of Finance, Services and Innovation, the new regulation allows certain injured workers to make a second claim if their condition worsens. The changes in the regulation is in response to a recent NSW Supreme Court case, Cram Fluid Power v Green.Back injuries can persist, minimising your ability to work.Cram Fluid Power v Green"The Government has acted to clarify the law, providing certainty for injured workers."The appellant, Mr Green, received lump sum compensation on 14 December 2010 under section 66 of the 1987 Workers Compensation Act. However, his condition deteriorated resulting in spinal surgery.As such, he requested further compensation. However, the Judges cited a clause in section 66 where the legislation states that the Act can only be used for a single claim when pursuing permanent impairment compensation for a work-related injury.

Between Mr Green's initial claim in 2010 and his second claim in 2013, key changes were made to injuries compensation law under the 2012 Workers Compensation Legislation Amendment Act.Despite the substantial changes, Mr Green was only able to make one claim for his injuries. In order to address the issues that arose from this case, the NSW government has released a statement detailing the modifications."The Government has acted to clarify the law, providing certainty for injured workers whose claims are affected by the Cram Fluid decision," says Minister for Innovation and Better Regulation Victor Dominello."Injured workers within this cohort will be able to make one further claim. There is no time limitation for making the claim or restriction on minimum increase in a claimant's level of permanent impairment."Who will this impact?The Department of Finance, Services and Innovation estimate there are 6,000 individuals who made claims before June 19 2012 who may be due further injury compensation under the new regulation.  Most compensation claim lawyers operate on a no win, no fee policy, where we will absorb the upfront costs and subtract them from the final settlement if your claim is successful. If your claim is rejected, you will incur no costs from the proceedings.

Source : articlesbase.com