Success at the Medical Panel: Physical injuries

If you have been injured 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 and had considered giving up before contacting us. Consequently, there could be many unrepresented people out there who 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

Injured office worker

A 50-year-old office worker tripped on a chair and injured her left knee. Allianz organised an independent medical examination who assessed our client as having an 8% whole person impairment.

Our lawyers advised her to appeal this finding and made submissions to the Medical Panel that the correct assessment was 40% whole person when considering her gait derangement.

The Medical Panel agreed and increased her impairment lump sum compensation from $20,000.00 to $137,000.00.

An ankle injury at work

• When a young carpenter injured his right ankle at work which impacted his lifestyle, he didn’t expect to be told by the Workcover agent that his injury assessed at 3% whole person impairment.

Our lawyers also disagreed with the initial assessment, that would have meant $0.00 in compensation, and we prepared an appeal to the Medical Panel. The Medical Panel also disagreed with WorkCover initial assessment of 3% and instead found an 11% impairment rating which was a $25,750.00 lump sum.

In addition, as he was able to establish negligence against his employer, he also won pain and suffering damages of $75,000.00 despite being able to continue working.

Oil and gas worker suffers injury aggravation

• An oil and gas worker who had spent a decade using power tools as a welder suffered an aggravation of osteoarthritis of both his hands. His impairment was initially determined by the Allianz doctor who provided a 4% assessment which is an offer of $0.00.

After successfully appealing to the Medical Panel, his assessment was redetermined and the agent remade an offer of $18,000.00.

Pub supervisor slips at work

• Our client, a 44-year-old pub supervisor slipped and fell at work and injured his back. Despite the Allianz doctor initially assessing him as having a 0% impairment, we made a successful medical panel appeal and he received $14,410.00 impairment lump sum.

He is now bringing a claim for his pain and suffering damages. All this despite an initial finding by the Workcover agent of 0% injury.

Injured after repetitive lifting

• After months of repetitive heavy lifting involved in his jobs as a sales representative, our client suffered injury to his right shoulder. When Gallagher Bassett initially determined our clients right shoulder injury to be only 2% impaired, it was hard not to just give up. Seeing the unfairness of the situation, our lawyers appealed to the Medical Panel.

Instead of $0.00 our client received $13,870.00 for his impairment lump sum and can now go on to make his claim for pain and suffering damages, which may lead to hundreds of thousands of dollars of compensation, all despite being told initially he had a 2% injury.

Injured council worker

A council worker suffered injury to her back after prolonged sitting required in her administrative role which was predominately work from home. The EML doctor found a 5% whole person impairment for her spinal injury.

After our lawyers carefully reviewed the appropriate supportive medical material to be provided to the Medical Panel, the Medical Panel disregarded the initial 5% impairment and found a 25% impairment, resulting in the initial offer of $15,000.00 increasing to $78,000.00

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 2% impairment and 10% impairment for physical injuries can be the difference between $0.00 in no fault lump sum compensation and in excess of $10,000.00 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]