RETURN TO WORK ACT 2014 - SECT 56A
RETURN TO WORK ACT 2014 - SECT 56A
56A—Seriously injured worker—election to receive lump sum payment
(1) Subject to this
section, a seriously injured worker may elect to receive a lump sum payment
under section 56 at any time on or after the day on which the worker is
assessed and determined to be a seriously injured worker as provided by
Part 2 Division 4.
Note—
A lump sum payment will be calculated in accordance with section 56,
subject to the operation of this section.
(2) An entitlement
does not arise under this section in relation to—
(a) a
psychiatric injury or consequential mental harm; or
(b)
noise induced hearing loss.
(3) If a seriously
injured worker elects to receive a lump sum payment under section 56, the
worker is not entitled (on and after the day on which the lump sum payment is
made) to—
(a)
recovery/return to work services for the work injury or injuries for which the
election is made; or
(b)
weekly payments under section 41 for—
(i)
the work injury or injuries for which the election is
made; or
(ii)
another impairment arising from the same cause as the
work injury or injuries for which the election is made.
(4) An election under
this section by a seriously injured worker—
(a) must
be made in a manner and form approved by the Corporation; and
(i)
in the case of an election made by a 50% or more WPI
worker—the day on which the election is approved by the Tribunal under
subsection (10); or
(ii)
in any other case—the day on which the election is
received by the Corporation,
(the "election day").
(5) An election under
this section cannot be made by a worker who is taken to be a seriously
injured worker under section 21(3) pending an assessment of permanent
impairment.
(6) If a worker makes
an election under this section, the worker is entitled to continue to receive
weekly payments under section 41 as a seriously injured worker until the
day immediately preceding the day on which the lump sum payment under
section 56 in respect of the election is paid.
(7) There will be a
reduction of the lump sum payable under section 56 to a seriously injured
worker who makes an election under this section by the amount of any weekly
payments made to the worker after the end of the period of 104 weeks from
the date on which the incapacity for work first occurs, other than weekly
payments made in accordance with subsection (6) after—
(a) in
the case of an election made by a 50% or more WPI worker—the day on
which the relevant application is referred to the Tribunal under this section;
or
(b) in
any other case—the day on which the election is received by the
Corporation.
(8) An election under
this section cannot be made unless—
(a) the
worker has received competent professional advice about the consequences of
making an election; and
(b) the
worker has received financial advice from a qualified financial adviser about
the investment or use of money to be received on the election; and
(c) the
worker has received advice from a recognised health practitioner about the
future progression of their injury and its likely impact on their capacity to
work.
(9) An election under
this section made by a 50% or more WPI worker is referred, by force of this
subsection, to the Tribunal.
(10) The Tribunal may
approve the making of an election by a 50% or more WPI worker for the purposes
of subsection (4)(b)(i) if satisfied that the election is in the best
interests of the worker.
(11) Before approving
the making of an election under subsection (10), the Tribunal may take
into account a report by a recognised health practitioner relating to whether
or not the election is contrary to the best interests of the worker.
(12) An election by a
worker under this section cannot be withdrawn on or after the election day.
(13) A
seriously injured worker may only make 1 election under this section and
after the worker receives the lump sum payment under section 56 to which
the election relates, they are not entitled to a payment under section 56
for any other injury (whether suffered before or after the election).
(14) In addition, a
seriously injured worker who has entered into an agreement for the redemption
of a liability under section 53 cannot make an election under this
section for the injury or injuries to which the redemption relates.
(15) The Corporation
is liable to indemnify the worker for reasonable costs of obtaining the advice
required under this section up to a limit prescribed by regulation.
(16) A 50% or more WPI
worker is entitled, subject to any limit prescribed by the regulations, to an
award against the relevant compensating authority (within the meaning of
section 75(9)) for the worker's reasonable costs of proceedings before
the Tribunal relating to an application for an approval under
subsection (10).
(17) In this
section—
50% or more WPI worker means a seriously injured worker whose degree of whole
person impairment has been assessed and determined under Part 2
Division 5 for the purposes of this Act to be 50% or more.