Retrospective operation of the amendments

For further detail of how the individual components (weekly payments, medical expenses, lump sums etc) are affected by the changes, please refer to the individual sections.

In summary, however, if you were injured before 19 June 2012, then the period up to midnight on 18 June 2012 is excluded, and you “start again”.

Whether you had your injury in 1988, 2002, 2009 or May 2012, as from 19 June 2012, your time starts now, and you are entitled to a maximum of:

• a further 13 weeks of weekly payments at 95% of
  your Award rate (unless you have already been paid “complete
  incapacity benefits”);
• a maximum of another 117 weeks of make-up pay at a
  lesser rate;
• for some people, a further 2 ½  years of make-up pay at a lesser rate;
• for those with serious injuries, make up pay up
  until retirement age;
• medical expenses up until a maximum of one year
  after your weekly compensation cuts out.

If you have not already brought a claim for lump-sum compensation, then you only get a lump sum under section 66 if your injury is assessed at 11% Whole Person Impairment or more. No matter how serious injury, you are not entitled to any compensation for “pain and suffering”.

Once the Commission determines your first claim for WPI, you can’t bring any more claims, even if you get worse. It appears that you can still bring a claim for a “worsening”
if your first claim was settled direct with the Insurer, rather than being determined by the Workers Compensation Commission.

If you had a journey claim prior to midnight on 18 June 2012 you can still make a claim, but your benefits are cut to the same level as everyone else.

If you were injured going from home to work (or back again) on after 19 June 2012, then you are not entitled to any workers compensation at all. You are only covered journeys from work to TAFE or university, from home to the doctors for reasons connected with the workers compensation claim, or a trip from home to a Dr/dentist to repair classes, hearing aids, teeth, artificial limbs etc that were damaged in a work accident.