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Lillian DuRen
Lillian DuRen, Lawyer
Category: Australia Law
Satisfied Customers: 8
Experience:  B.Ec., M.I.R., LLB
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Good evening. Medical evidence indicates that Im entitiled

Customer Question

Good evening. Medical evidence indicates that I'm entitiled to a lump sum payment for permanent impairment from Workers comp. I had a hip replacement 2 years ago following an injury 19 months prior - red tape!! I'm now offered a $$$ amount payment of settlement with ongoing weekly compensation benefits or any medical treatment I may receive currently. I obviously do not receive any medical treatment currently, however, I need two yearly check-ups with the Ortheopeadic as the prostesis will wear out over time, resulting into a second hip replacement later in life (20 years??). The $$$ settlement offered is acceptable seen in the light as "a compensation payout for impairment and pain and suffering" over two years, however, moving forward I will have ongoing expenses (2 yrly check-ups) untill the time comes to replace the current prostesis. Accepting the offer will mean that I'm on my own for any further treatment, operations and rehabilitation. That would not be acceptable to me.
Submitted: 7 years ago.
Category: Australia Law
Expert:  Lillian DuRen replied 7 years ago.

Dear Suzette,


I have read your message twice. I'm not sure what your question is.


Are you in NSW?

Customer: replied 7 years ago.
Hello. I'm in NSW. I basically would like to know how to approach Workers Comp and would like to know if you know more about the Law, claims and settlements and payouts regarding workers comp claims. In my opinion Workers Comp is trying to settle and get out of any further obligations, however, it's a fact that I will need surgery again in future and they should be liable for those costs. By agreeing to settle, they walk away from their responsibilities. The money they offer as a "compensation for impairment" all of a sudden becomes a "settlement" when you complete the forms - which will by the way not cover future medical expenses foresee. Any advise? Thanks, Suzette
Expert:  Lillian DuRen replied 7 years ago.

Dear Suzette,


Ok. Under workers compensation, there are three main limbs:


1. lump sum compensation based on whole person impairment assessment.

2. weekly benefits for as long as you are unable to perform your pre-injury duties and/or earn your pre-injury income

3. medical expenses


If the form you are completing is a COMMUTATION form, then 1,2 and 3 are wrapped up into a lump sum and it terminates the relationship between the injured worker and the insurer. It is very difficult to commute your entitlements and one of the first conditions you have to meet is being assessed as having a WPI greater than 15%


If you have received an offer of lump sum compensation for whole person impairment, then entitlements 2 and 3 above still remain alive.


If you are in doubt, you should consult a solicitor so they can act on your behalf. The most important thing is that if you go and obtain independent legal advice, the insurer is obliged to pay your legal fees so it becomes a matter between the solicitor and the insurer. The Solicitor is NOT allowed to charge you legal fees for acting on your behalf although if medical reports are required, they may ask you to pay for those. Any monies paid for reports is reimbursed at the completion of the matter provided you are successful.


I trust this helps. If so, please accept.

Lillian DuRen and other Australia Law Specialists are ready to help you
Customer: replied 7 years ago.

Thank you for your practical advise and useful feedback. It's insightful and will assist me to proceed.




Expert:  Lillian DuRen replied 7 years ago.
I hope it all works out well for you and I am glad the information was useful.

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