COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS

BENEFITS

BENEFITS

COMMONWEALTH*

VICTORIA

Lump sum payments:

For both Comcare and Seacare:

The statutory scheme changed as of 12/11/97

$127,063.76 for permanent impairment. In

Entitlement depends on date of injury

Impairment /

addition, a maximum of $47,648.94 for non 

Pre 12/11/97 injury: $104,990

non economic loss 

economic loss

In addition, maximum of $56,400 for pain and

suffering

  Maximum

Additional compensation payable as a `Severe

Injury Adjustment' under the Defence Act 1903 to

Post 12/11/97 injury: $337,380 (for impairment

those ADF members severely injured as a

of 80% or more)

consequence of an injury occurring after

07/04/94, to top up the SRC Act 1988 benefit to

$229,024.45 and an additional $57,256.12 for

each dependant child

  Thresholds

No award below 10% assessed impairment

Pre 12/11/97 injury:

(exceptions for fingers, toes, hearing, taste and

Pain and suffering: no award if payment under

smell)

Table of Maims <   $11,270; Hearing Loss   no

award if loss is <   7%

Post 12/11/97 injury:

Physical injuries; 10% whole person impairment

(except amputations)

Psychiatric injuries: 30% whole person

impairment

Hearing Loss: 10% National Acoustic Laboratory

Standard (NAL)

  Method of

Whole person impairment assessed according to

Pre 12/11/97 injury: Old Table of Maims applies

calculating (assessing

approved guides for permanent impairment and

permanent

non economic loss

Post 12/11/97 injury:

impairment)

Permanent impairment assessed under Guide to

Assessed under American Medical Association

the Assessment of the Degree of Permanent

Guides 4th Edition modified to take into account

Impairment (Separate guides available for

of Australian best practice in evaluation of

Comcare and Seacare   but essentially identical)

psychiatric & hearing impairments   used for all

new impairment benefits (2nd Edition continues

to be used for all other purposes)

If total loss injury, payment is not less than old

Table of Maims with allowance for pain and

suffering

Settlement /

The only occasion under the SRC Act where a

The Accident Compensation Act 1985 allows for

Redemption /

lump sum payout can be made is when:

the settlement of weekly benefits in a lump sum.

Commutation

  an employee's weekly incapacity payments are 

It does not include medical and like expenses,

equal to or less than the indexed rate, and

which continue to be paid as required.

  Comcare is satisfied that the degree of the 

Settlements of future weekly benefits are

employee's incapacity is unlikely to change.

allowed when the

The indexed rate as at 1 October 2002 is $79.43

worker:

per week

1. Has no current work capacity indefinitely,  and:

The redemption of the incapacity amount is

  Has been on benefits for 104 weeks or more, 

calculated as per section 30(1) (or 137(1) for

and

former employees) of the SRC Act. It does not

  Is over 55 years old, or

affect any ongoing medical or rehabilitation

2. Is seriously injured and

entitlements under the Act

  Has been on benefits for 104 weeks or more, 

Seacare:

and

Section 44 of the Act requires settlement where:

  Requires the settlement for an income 

  an employee is receiving weekly payments for 

producing project.

an injury resulting in incapacity,

  the amount of those payments is equal to or 

less than $77.04 (subject to indexation), and

  the employer is satisfied that the degree of the 

employee's incapacity is unlikely to change.

* Unless otherwise stated,

If these conditions are satisfied, an employer

information provided

applies to both Comcare

must commute weekly incapacity benefits to a

and Seacare

lump sum calculated by a formula contained in

the Act

Heads of Workers' Compensation Authorities  26