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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 211 Compensation for non-economic loss—permanent impairment

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 211

Compensation for non-economic loss—permanent impairment

    (1)     A worker who suffers an injury which entitled the worker to compensation is, in respect of an injury resulting in permanent impairment as assessed in accordance with Division 4 of Part 2, entitled to compensation for non-economic loss calculated in accordance with this Division.

S. 211(2) amended by No. 10/2022 s. 65.

    (2)     The amount of the non-economic loss in respect of permanent impairment (other than psychiatric impairment and industrial deafness in respect of a further hearing injury) is to be calculated as at the relevant date as follows—

        (a)     if the worker's impairment benefit rating is less than 10 per cent—the amount of the non-economic loss is zero;

        (b)     if the worker's impairment benefit rating—

              (i)     is a modified whole person impairment (within the meaning of section 210(2)(a)(i)) and is not less than 10 per cent and less than 11 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

$11 670 + [(D – 10) × $9940];

              (ii)     is a modified spinal impairment (within the meaning of section 210(2)(a)(ii)) and is not less than 10 per cent and less than 11 per cent—the amount of the non-economic loss is to be determined in accordance with the formula—

{$11 670 + [(D – 10) × $9940]} × 1·1;

        (c)     if the worker's impairment benefit rating—

              (i)     is not less than 10 per cent and not more than 30 per cent and paragraph (b) does not apply to the worker—the amount of the non‑economic loss is to be determined in accordance with the formula—

$18 810 + [(D – 10) × $2830];

              (ii)     is a spinal impairment (within the meaning of section 210(2)(a)(ii) or (iii)) and is not less than 10 per cent and less than 30 per cent and paragraph (b) does not apply to the worker—the amount of the non‑economic loss is—

    (A)     the amount determined in accordance with the formula—

{$18 810 + [(D – 10) × $2830]} × 1·1; or

    (B)     the amount determined in accordance with the formula $18 810 + [20 × $2830]—

whichever is the lesser;

        (d)     if the worker's impairment benefit rating is more than 30 per cent and not more than 70 per cent—the amount of the non‑economic loss is to be determined in accordance with the formula—

$75 260 + [(D – 30) × $4700];

        (e)     if the worker's impairment benefit rating is more than 70 per cent and not more than 80 per cent—the amount of the non‑economic loss is—

              (i)     the amount determined in accordance with the formula—

$262 070 + [(D – 70) × $29 330]; or

              (ii)     $555 350—

whichever is the lesser;

        (f)     if the worker's impairment benefit rating is more than 80 per cent—the amount of the non-economic loss is $555 350—

where D is the worker's impairment benefit rating expressed as a number.