RETURN TO WORK ACT 2014 - SECT 21
RETURN TO WORK ACT 2014 - SECT 21
21—Seriously injured workers
(1) This Act makes
special provision in a number of places for seriously injured workers.
(2) For the purposes
of this Act, a seriously injured worker is a worker—
(a) in
the case of psychiatric injury—whose work injury or injuries have
resulted in permanent impairment and the degree of whole person impairment has
been assessed under Division 5 for the purposes of this Act to be 30% or
more; or
(b) in
the case of physical injury—whose work injury or injuries have resulted
in permanent impairment and the degree of whole person impairment has been
assessed under Division 5 for the purposes of this Act to be 35% or more.
(3) Pending an
assessment of permanent impairment, the Corporation may on its own initiative,
or must on application made by the worker in accordance with the regulations,
make an interim decision to the effect that the worker will be taken to be a
seriously injured worker under this Act if—
(a) it
is satisfied, or it appears, that the worker's injury or injuries have
resulted or will result in permanent impairment; and
(b) in
the case of physical injury—it appears that the degree of whole person
impairment is likely to be 35% or more; and
(c) in
the case of psychiatric injury—it appears that the degree of whole
person impairment is likely to be 30% or more,
and the Corporation's decision will have effect under this Act in accordance
with its terms.
(4) An interim
decision under subsection (3)—
(a) must
be made in accordance with any requirements or principles prescribed by the
regulations; and
(i)
an assessment of whole person impairment has been made
and determined under Division 5; or
(ii)
it appears that, due to a material improvement in the
worker's likely degree of whole person impairment, the worker's degree of
whole person impairment is no longer likely to be—
(A) in the case of
physical injury—35% or more; or
(B) in the case of
psychiatric injury—30% or more.
(4a) Before bringing
an interim decision to an end under subsection (4)(b)(ii), the
Corporation must—
(a) give
the worker at least 3 months written notice of its intention to bring the
interim decision to an end under that subsection; and
(b) give
the worker a reasonable opportunity during that 3 month period to furnish
information to satisfy the Corporation that it is appropriate for the interim
decision to continue.
(5) Unless or until a
worker is assessed or determined to be a seriously injured worker as
contemplated by this section, the worker will be taken not to be a
seriously injured worker for the purposes of this Act.
(6) However, if a
worker is taken not to be a seriously injured worker and the worker at a later
time is characterised as a seriously injured worker under subsection (2)
or determined to be a seriously injured worker under
subsection (3)—
(a) the
worker will be taken to have been a seriously injured worker from the date of
the injury; and
(b) the
worker is entitled to be paid the amounts that would have constituted the
worker's entitlements under this Act had the worker been taken to be a
seriously injured worker from the date on which an incapacity for work in
consequence of the relevant work injury first occurred after taking into
account any amount already paid under this Act.
(6a) If a
seriously injured worker makes an election under section 56A,
subsection (6)(b) does not apply on and after the day on which the
election takes effect in relation to weekly payments under section 41 to
which the worker would, but for the election, be entitled.
(7) An amount paid
under subsection (6)(b) will be increased by interest at the prescribed
rate.
(8) In assessing
whether the relevant threshold under subsection (2)(a) or (b) (as the
case requires) has been met—
(a)
impairment resulting from physical injury is to be assessed separately from
impairment resulting from psychiatric injury; and
(b) in
assessing impairment resulting from physical injury or psychiatric injury, no
regard is to be had to impairment that results from consequential mental harm;
and
(c) in
assessing the degree of whole person impairment resulting from
physical injury, no regard is to be had to impairment that results from a
psychiatric injury or consequential mental harm; and
(d) the
relevant threshold under subsection (2)(a) or (b) is not met
unless—
(i)
in the case of physical injury—the degree of whole
person impairment resulting from the injury is at least 35%; or
(ii)
in the case of psychiatric injury—the degree of
whole person impairment resulting from psychiatric injury is at least 30%.
(9) The Corporation is
not required to consider more than 1 application by a worker under
subsection (3) unless directed to do so by the Tribunal on application
made by the worker under this subsection.
(10) Nothing in this
section limits or affects the operation of Part 4 Division 6
or Division 7 or Part 5.