Did you know that you may be entitled to a permanent impairment payment if you are injured at work or in a motor vehicle accident in Western Australia?
Permanent impairment is both a legal and medical term that refers to permanent damage to a part of the body, which is measured by a medical professional. The permanent impairment payouts are calculated according to the whole person impairment (WPI) rate, and they vary from state to state. This blog will be explaining the Permanent impairment payout amounts in WA, keep reading to learn more!
Permanent impairment calculator WA
The table below shows the workers compensation permanent impairment payouts that are calculated using the whole person impairment rates. The upper limit of the payable amount is $239,179 in Western Australia.
| Whole person impairment (WPI) | Permanent impairments payment amounts |
|---|---|
| 0% – 10% | $0 – $23,918 |
| 11% – 20% | $23,919 – $47,836 |
| 21% – 30% | $47,836- $74,144 |
| 31% – 40% | $74,145- $119,590 |
| 41% – 50% | $145,100 – $167,425 |
| 51% – 60% | $167,426- $239,179 |
Table 1: Workers compensation permanent impairment benefit amounts in WA
How is the permanent impairment rate calculated?
The permanent impairment rate is calculated by a medical assessment. An independent medical examiner assesses your body by using American Medical Association’s reference books to draft an unbiased and independent medical report. If you have multiple injuries due to the same accident, the doctor will evaluate them separately and add them to obtain your overall permanent impairment rate.
Examples of permanent impairment cases and payout amounts
| Injury | Permanent impairments payment percentage | Payment amount |
|---|---|---|
| Total loss of sight of one eye | 50% | $119,590 |
| Loss of arm at or above the elbow | 90% | $215,261 |
| Loss of thumb | 35% | $83,713 |
| Loss of leg below the knee | 65% | $155,466 |
| Severe facial scarring | 80% | $191,343 |
| Impairment of hearing | 75% | $179,384 |
Table 2: Examples of permanent impairment cases and payout amounts
What are the other permanent impairment benefits?
Apart from the permanent impairment payouts, you can be entitled to:
Loss of wages
Weekly wages based on the pre-injury income
Medical and travel expenses
Reasonable medical and travel expenses due to the injuries
Common law/Work injury damages payout
Common law payout can be received if the permanent impairment is above the 15% threshold
How long can I claim the loss of wages payment?
The amount and duration of the loss of wages payment are limited and updated each year by the Australian Bureau of Statistics.
| Duration | Benefit |
|---|---|
| First 13 weeks | • The rate of weekly workers compensation payments • Over-award or service payment • Overtime and bonus or allowance. |
| From week 14 | • The rate of weekly workers compensation payments • Over-award or service payment • Allowance paid on a regular basis • Allowance prescribed by the regulations |
Table 3: Industrlial award table WA
| Duration | Benefit |
|---|---|
| First 13 weeks | • 1-year average of your income before the injury is paid. • If you are working less than 1 year, your average income is paid |
| From week 14 | • Weekly payments are reduced to 85% of your entitlement |
Table 4: Non-industrlial award table WA
In addition to the limitations above, there could be other reasons that cause your weekly wages to cease. Such as:
- if you consent for the payments to cease
- if you return to work to your pre-injury duties without restrictions
- if you choose to make a common law claim
- if you settle your workers compensation claim
When to apply for permanent impairment compensation in WA
You can start your compensation claim once you have discovered the injury or illness. The time limit to lodge a Workers Compensation claim form is 12 months from the date of injury.
Permanent impairment and car accident compensation benefits
Medical Expenses
Medical expenses can be claimed regardless of the permanent impairment rate.
Household Domestic Assistance Expenses
Even though there isn’t an exact Whole Person Impairment (WPI) rate, the threshold amount is $6,500, and it equates to your requiring approximately 6 hours of assistance per week for a period of at least 6 consecutive months.
Past and Future Loss of Income/Opportunity
If you lose income such as wages or profits because of the accident, you can claim them regardless of your permanent impairment rate
Compensation for your Pain and Suffering
The maximum payable pain and suffering compensation amount for a most extreme case as of 1 July 2020 is $432,000. Also, there is a threshold for pain and suffering payment. The current threshold is $22,500 or 5% of a most extreme case.
Time limits for a common law claim
You have 3 years from the date of the accident to commence court proceedings. If you do not commence court proceedings within 3 years from the date of the accident, then you may lose your right to claim damages for the injuries you suffer.
For more information please access our Car Accident Compensation Claim WA page.
