Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985 - SCHEDULE 3A

Schedule 3A—Compensation for maims

Section 98

THE TABLE

Injury	Percentage
Total loss of the sight of both eyes	100
Total loss of the sight of an only eye	100
Loss of both hands	100
Loss of both feet	100
Loss of a hand and a foot	100
Permanent brain damage (being an injury which is not or is not wholly an injury otherwise compensable under this Table)	0–100
Total loss of the right arm or of the greater part of the right arm	80
Total loss of the left arm or of the greater part of the left arm	75
Total loss of the right hand or of five fingers of the right hand, or of the lower part of the right arm	70
Total loss of the same for the left hand and arm	65
Total loss of a leg	75
Total loss of a foot	65
Total loss of the lower part of the leg	70
Total loss of the sight of one eye, together with the serious diminution of the sight of the other eye	75
Total loss of hearing	65
Total loss of the sight of one eye	40
Loss of binocular vision	40
Loss of eyeball (in addition to compensation for loss of sight of an eye)	22
Total loss of power of speech	60
Total loss of sense of taste or smell	17
Total loss of senses of both taste and smell	34
Total loss of sexual organs	47
Total loss of both breasts	47
Total loss of one breast	30
Total loss of the thumb of the right hand	30
Injury	Percentage
Total loss of the thumb of the left hand	26
Total loss of the forefinger of the right hand	21
Total loss of the forefinger of the left hand	18
Total loss of two joints of the forefinger of the right hand	16
Total loss of two joints of the forefinger of the left hand	12
Total loss of a joint of the thumb	16
Total loss of the first joint of the forefinger of the right hand	10
Total loss of the first joint of the forefinger of the left hand	9
Total loss of the first joint of the middle or little or ring finger of either hand	6
Total loss of the middle finger of either hand	12
Total loss of the little or ring finger of either hand	11
Total loss of two joints of the middle finger of either hand	10
Total loss of two joints of the little or ring finger of either hand	9
Total loss of the great toe of either foot	22
Total loss of a joint of the great toe of either foot	10
Total loss of any other toe	6
Total loss of a joint of any other toe	2
Partial loss of the sight of both eyes or of an only eye	Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens.
Partial loss of the sight of one eye	Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens.
Injury	Percentage
Partial loss of hearing	Such percentage of the maximum amount payable for total loss as is equal to the percentage (being not less than 7) of the diminution of hearing.
Quadraplegia, paraplegia or total impairment of the spine	100
Impairment of the back	0–60
Impairment of the neck	0–40
Impairment of the pelvis	0–15
Severe facial disfigurement (being an injury which is not or is not wholly an injury otherwise compensable under this Table)	0–26
Severe bodily disfigurement (being an injury which is not or is not wholly an injury otherwise compensable under this Table)	0–22

For the purposes of this Table—

        (a)     the total loss of a limb, hand, foot, finger, thumb, toe or joint or any part thereof is deemed to include the permanent total loss of the use of such limb, hand, foot, finger, thumb, toe, joint or part;

        (b)     where a worker habitually uses the left hand and arm to perform work usually performed by a worker with the right hand and arm the compensation payable for the loss of such left arm or the greater part of the arm or for the total loss of the left hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the left hand is such amount as would have been payable for a similar loss in respect of the right arm or the part or parts thereof, but in any such case the compensation for the loss of the right arm or the greater part of that arm or for the total loss of the right hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the right hand is such amount as would have been payable for a similar loss in respect of the left arm or the part or parts thereof if the worker did not habitually use the left hand and arm to perform work usually performed by a worker with the right hand and arm; and

        (c)     where, under the heading "Percentage", a range is provided, the highest and lowest percentages are reserved for injuries resulting in maximum or minimal impairment;

        (d)     in the case of loss of sexual organs (subject to the maximum percentage of 47 per cent and without limiting compensation for other losses of sexual organs)—

              (i)     the percentage payable for loss of the penis is 47 per cent;

              (ii)     the percentage payable for loss of 1 testicle is 10 per cent; and

              (iii)     the percentage payable for loss of 2 testicles or an only testicle is 47 per cent;

        (e)     the degree of impairment in the case of injuries to the back, neck or pelvis is to be assessed in accordance with section 91.

Sch. 3B inserted by No. 80/2010 s. 76.