On November 1, 2006 NSW Minister for Commerce, John Della Bosca announced changes to workers compensation legislation designed to further improve the claims dispute resolution process.
The changes provide greater clarity for injured workers in understanding decisions made about their benefits if a workers compensation insurer declines, reduces or stops benefit payments on a claim.
Under the new arrangements, an injured worker will receive a copy of all information used in any decision regarding their benefits. This means that all information is exchanged and considered before an application for dispute resolution is lodged with the Workers Compensation Commission.
An injured worker can ask for a review of the insurer’s decision and can seek advice from WorkCover’s Claims Assistance Service, which provides access to information and assistance for injured workers and employers regarding claims and disputes.
If the dispute is about the level of permanent impairment, an approved medical specialist will review all medical evidence, assess the worker, and make a final determination on the level of permanent impairment for a lump sum compensation payment.
These changes have produced streamlined approach to the management of disputes and will help expedite the dispute resolution process and ensure that decisions are made by relevant experts.
A new fee schedule for legal practitioners that will appropriately remunerate the profession for resolving disputes about worker’s claims in a timely manner has also been introduced.
These latest improvements to the dispute resolution system build on the 2001 reforms and have been developed in consultation with key stakeholder groups including employers, unions, insurance agents and medical and legal professionals.
Further information and assistance may be found in the Guidelines and FAQs or by calling the WorkCover’s Claims Assistance Service on 13 10 50.
Enquiries on previous lump sum payments for permanent impairment can be made with WorkCover, you can email us with your enquiry.