If You Don’t Win There’s No Fee.
Call 1300 333 300

Success at the Medical Panel: Psychological injuries

If you have suffered a traumatic psychological injury due to bullying, harassment or trauma and are due to have an impairment examination, or you have had an examination and have been disappointed with the impairment percentage result, we can help you.

In our experience, many clients have been given a low initial rating for a psychological injury and had considered giving up before contacting us.

But the difference can be life-changing, and many of these people would have missed out on the compensation they deserve.

Impairment assessments

  • To receive a “no fault” impairment benefit lump sum for physical injury you must show that you have suffered at least a 10% whole person impairment
  • To receive a “no fault” impairment benefit lump sum for psychological injury you must show that you have suffered at least a 30% whole person impairment
  • To be deemed to have suffered a “serious injury” for pain and suffering damages and lost wages you must show that you have suffered at least a 30% whole person impairment (or you have to go through a different test)
  • To stay on weekly payments after 130 weeks you must show that you have suffered at least a 21% whole person impairment

Our success stories

PTSD from working the frontline
  • The difference between an 18% whole person impairment and 32% whole person impairment is life changing for a police officer we acted for who suffered PTSD during the course of his employment. 

    After our lawyers successfully appealed to the medical panel our client, instead of receiving $0.00 from Gallagher Bassett, received a lump sum payment of $95,130.00 and will be entitled to ongoing weekly payments until retirement as long as he can’t return to work.
Manager reaches breaking point
  • A senior manager who reached “breaking point” after his role was unfairly changed by management three times within a short period, was determined by the EML doctor to have a 7% whole person impairment.

    Our lawyers appealed to the Medical Panel who found a 30% whole person impairment. The difference to our client being $0.00 compared to the $87,440.00 lump sum he received.
Receptionist threatened by customer at work
  • A 63 year old receptionist was threatened by a customer in her workplace and was left unsupported by her manager whose mismanagement exposed her to further risk pushing her to the point where she could no longer mentally cope.

    Gallagher Bassett organised an impairment assessment and their psychiatrist assessed her as having a 20% whole person impairment which was an offer of $0.00.  Our lawyers appealed to the Medical Panel and she received a lump sum of $87,440.00 based on a 30% impairment assessment.
Trauma on the frontline
  • After being exposed to numerous traumatic events during the course of his employment as a front-line worker, our client’s impairment went from $0.00 in compensation to $80,180.00.

    Our lawyers provided advice that the Gallagher Bassett doctors initial assessment of 18% was too low and after organising the Medical Panel referral, which included supporting material of ongoing PTSD symptoms, the Medical Panel agreed. Not only did our worker receive a lump sum but as his assessment is now over 21% he will remain on weekly payments until retirement while he can’t return to work. 
Security guard with psychiatric injury
  • It would have been easy to give up when our security guard worker was assessed by the Workcover doctor to have an 8% psychiatric impairment, which is an offer of $0.00. This is despite him suffering from a chronic adjustment disorder, anxiety and depression.

    Our lawyers were quick to advise him to appeal to the medical panel. The Medical Panel disagreed with the DXC doctor, instead finding that our 50-year-old worker has a 30% impairment which is a $86,360.00 no fault impairment lump sum. As a result of the increased assessment he will also have weekly payments until retirement age while he can’t return to work. 
Bullied at work
  • When our client was bullied and harassed by her managers in her administrative role, Xchanging only briefly accepted liability for her psychological injuries due to her pre-existing treatment for mental health. 

    Despite having to fight the Workcover agent from the very beginning, she was able, through her lawyers at ATB, to successfully challenge a 10% psychological impairment finding of $0.00 compensation to an accepted 33% whole person impairment lump sum of $96,280.00.

    Even though Workcover sought to rely on her pre-existing mental health to minimise her compensation, the Medical Panel accepted the 33% impairment to be primarily because of her workplace trauma.

When should I go to a Medical Panel?

The difference between an 18% impairment and a 21% impairment can be the difference between a lifetime of weekly payments, or being cut off after 2 and half years.

The difference between a 10% impairment and a 30% impairment for psychological injuries can be the difference between $0.00 in no fault lump sum compensation and in excess of $85,000.00 for a “no fault” impairment benefit and potentially hundreds of thousands of dollars for pain and suffering damages and lost wages.

Contact us

Only an experience and qualified lawyer can provide you with detailed advice of when you should appeal an impairment determination to a medical panel. Call us today for a free, no-obligation assessment today.

If you’ve been injured at work, don’t be afraid to seek help making your WorkCover claim. Call us today on 1300 333 300 or send us a message at [email protected]