RETURN TO WORK ACT 2014 - SECT 58
RETURN TO WORK ACT 2014 - SECT 58
58—Lump sum payments—non-economic loss
(1) Subject to this
Act, if a worker suffers a work injury resulting in permanent impairment as
assessed under Part 2 Division 5, the worker is entitled (in
addition to any entitlement apart from this section) to compensation for
non-economic loss by way of a lump sum.
(2) An entitlement
does not arise under this section if the worker's degree of whole person
impairment from physical injury is less than 5%.
(3) An entitlement
does not arise under this section in relation to a psychiatric injury or
consequential mental harm.
(4) Subject to this
section, the lump sum will be an amount that represents a portion of the
prescribed sum calculated in accordance with the regulations.
(5) Regulations made
for the purposes of subsection (4) must provide for compensation that at
least satisfies the requirements of Schedule 8 taking into account the
assessment of whole person impairment undertaken for the purposes of this
Division.
(6) If a worker
suffers 2 or more impairments arising from the same injury or
cause—
(a)
those impairments will be assessed together and combined to determine the
degree of impairment of the worker (using any principle set out in the
Impairment Assessment Guidelines); and
(b) the
worker is not entitled to receive compensation by way of lump sum under
subsection (4) in respect of those impairments in excess of the
prescribed sum.
(a) a
work injury consists of the aggravation, acceleration, exacerbation,
deterioration or recurrence of a prior work injury; and
(b)
compensation by way of lump sum has been previously paid under this section,
or a corresponding previous enactment,
there will be a reduction of the lump sum payable under this section in
respect of the injury by the amount of the previous payment unless such a
reduction is incorporated into the provisions of the Impairment Assessment
Guidelines.
(8) For the purposes
of this section, any degree of impairment will be assessed in accordance with
Part 2 Division 5 (and the Impairment Assessment Guidelines).
(9) Only 1 claim
may be made under this Division in respect of any impairments that have been
combined as provided by section 22 and this section (and any impairment
or impairments that are not combined under section 22 will not be
combined under this section).
(11) Compensation is
not payable under this section after the death of the worker concerned.