If you have sustained a significant work injury, the workers’ compensation insurer in Queensland (like WorkCover Queensland or a self-insurer) may be required to pay you additional lump sum compensation.
Additional Lump Sum Compensation for Gratuitous Care
Where a worker sustains a physical injury or multiple physical injuries that result in a degree of permanent impairment of 15% or more and the other conditions below are satisfied, the workers’ compensation insurer will be required to pay additional lump sum compensation for gratuitous care (in accordance with section 193 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (“the WCRA”)). This happens automatically when WorkCover issues their Notice of Assessment which contains any lump sum offers.
To qualify for an additional lump sum for gratuitous care:
- The injured worker must be assessed as having a degree of permanent impairment of 15% or more;
- The injured worker must be assessed by an Occupational Therapist (not an Occupational Physician), appointed by the workers’ compensation insurer, to have a moderate to total level of dependency on day to day care for the fundamental activities of daily living;
- The injured worker must be receiving day to day care from someone for the fundamental activities of daily living at the worker’s home on a voluntary basis;
- The injured worker must reside at home on a permanent basis; and
- The level of care being provided must not have been provided to the worker before the worker sustained the injury or injuries.
The amount that is payable by way of additional lump sum compensation for gratuitous care will depend on the degree of permanent impairment that you have suffered as well as the extent of your dependency upon others.
By way of example, as at 1 July 2023, the additional lump sums payable for gratuitous care in the following situations, were:
- For a worker assessed as having a 15% to 39% whole person impairment with a moderate degree of dependency: $3,505.
- For a worker assessed as having a 40% to 49% degree of impairment with a severe degree of dependency: $13,245.
- For a worker assessed as having a 95% to 100% degree of impairment who is totally dependent on others: $431,130.
An additional lump sum for gratuitous care is NOT payable if the degree of permanent impairment arises from a psychiatric injury or psychological injury or from combining a psychiatric injury or psychological injury with another injury.
It is important to note that this lump sum compensation for gratuitous care is in addition to any amount that may have been paid to a carer (usually a spouse, parent, child or friend of the worker) for providing voluntary care during the course of the worker’s statutory workers’ compensation claim.
Additional Lump Sum Compensation for Permanent Impairment
Where a worker sustains a physical injury or multiple physical injuries that result in a degree of permanent impairment of 30% or more, the workers’ compensation insurer is required to pay additional lump sum compensation for those injuries (in accordance with section 192 of the WCRA). This also happens automatically when WorkCover issues their Notice of Assessment which contains any lump sum offers.
The amount that is payable by way of additional lump sum compensation for permanent impairment will depend on the degree of permanent impairment that you have suffered. For example, the additional lump sums payable, as at 1 July 2023, were:
- For a 30% degree of permanent impairment: $14,350.
- For a 35% degree of permanent impairment: $55,040.
- For a 40% degree of permanent impairment: $95,730.
- For a degree of permanent impairment of between 75% and 100%: $380,580.
An additional lump sum for permanent impairment is NOT payable if the degree of permanent impairment arises from a psychiatric injury or psychological injury or from combining a psychiatric injury or psychological injury with another injury.
What about where the worker has sustained a “serious injury”?
A “serious injury” is defined in Schedule 6 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) as:
- a permanent spinal cord injury resulting in a permanent neurological deficit; or
- a traumatic brain injury resulting in a permanent impairment of cognitive, physical or psychosocial function; or
- a forequarter amputation or shoulder disarticulation amputation; or
- the amputation of a leg through or above the femur; or
- the amputation of more than one limb or parts of different limbs; or
- a permanent injury to the brachial plexus resulting in an impairment equivalent to a shoulder disarticulation amputation; or
- a full thickness burn to all or part of the body; or
- an inhalation burn resulting in a permanent respiratory impairment; or
- permanent blindness caused by trauma.
A worker that has suffered a serious injury is still entitled to receive additional lump sum compensation for permanent impairment and also additional lump sum compensation for gratuitous care, as the treatment, care and support needs of a worker provided by NIISQ under the workers’ compensation regime does not include care provided on a voluntary basis (ie care provided without charge).
Of course, the amount of care being provided voluntarily will determine whether the worker is moderately, severely or totally dependent on gratuitous care, which then influences how much is payable as a lump sum.
