COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS

BENEFITS

BENEFITS

COMMONWEALTH*

VICTORIA

NEW SOUTH

SOUTH 

WALES

AUSTRALIA

Type of loss

Non economic loss

Economic and 

Economic only

N/A

limited to $110,000

non economic

Seacare: $138,570.52

Unlimited amount for

claim by dependants

Election between

statutory amounts for

permanent impairment

and non economic loss

Threshold for

Subject to state/territory

Impairment threshold

If a worker wishes to

N/A

common law

legislation

Injury before 12/11/97

pursue a damages

Actions available for

claim, they must be

`seriously injured'

able to prove that their

workers whether

employer was

through narrative test

negligent and that

or

their injury was their

  30% impairment

employer's fault. The

(AMA2)

worker will need to

obtain an assessment

Injuries between

from a medical

12/11/97 and 19/10/99

assessor to determine

No common law

if they are over the

available

`serious injury'

threshold. If the

Injury after 19/10/99

worker has more than

Actions available for

15% permanent

`seriously injured'

impairment (using the

workers, whether

WorkCover Guides for

through narrative test

the Evaluation of

or

Permanent

  30% impairment

Impairment), they may

(AMA4)

then commence

common law action.

Minimum monetary

threshold 

Pecuniary Loss: $38,670

Pain and Suffering:

$36,730 if injury before

12/11/97

$35,340 if injury after

19/10/99

* Unless otherwise stated,

information provided

applies to both Comcare

and Seacare

Heads of Workers' Compensation Authorities  32