If you've been injured at work in Queensland and have received a lump sum offer from WorkCover for your permanent impairment, you may be wondering if you can refuse the offer. The answer is yes, but your options depend on the degree of your permanent impairment (DPI) and whether or not you want to pursue a common law claim against your employer.
Understanding Permanent Impairment and Lump Sum Offers
When you sustain a work-related injury that results in a permanent impairment, WorkCover Queensland will assess the extent of your impairment and issue a Notice of Assessment (NOA) which will include a Degree of Permanent Impairment (DPI) percentage score. This notice will include a lump sum offer based on your DPI percentage, calculated according to the Workers' Compensation and Rehabilitation Regulation 2014.
The lump sum offer is intended to compensate you for your permanent impairment, however it may not fully consider or account for other losses, such as pain and suffering, loss of income, and future expenses.
What is DPI (Degree of Permanent Impairment)?
In the context of WorkCover Queensland claims, the Degree of Permanent Impairment (DPI) is a measure used to assess the extent of a worker's permanent injury or impairment resulting from a work-related incident. The DPI is expressed as a percentage and is determined through a medical assessment conducted by an independent doctor.
Your Options Based on Your DPI (Degree of Permanent Impairment) Percentage
Your options for accepting or refusing the lump sum offer depend on whether your DPI is less than 20%, or 20% or higher.
If Your DPI (Degree of Permanent Impairment) is Less Than 20%
If your DPI is assessed as less than 20%, you have three options:
- Accept the Lump Sum Offer: By accepting the offer, your statutory workers' compensation claim will be finalised, and you will receive the lump sum payment within seven days. However, you will not be entitled to pursue a common law claim against your employer.
- Reject the Lump Sum Offer: If you reject the offer, you can pursue a common law claim against your employer for damages. However, if your common law claim is unsuccessful, you will not be entitled to the lump sum offer later.
- Defer the Lump Sum Offer: You can choose to defer the decision to accept or reject the offer. This allows you more time to consider your options, including the possibility of pursuing a common law claim.
Your DPI (Degree of Permanent Impairment) is 20% or Higher
If your DPI is assessed as 20% or higher, you have the option to accept the lump sum offer and also pursue a common law claim against your employer. This is because a DPI of 20% or higher is considered a significant impairment, and you may be entitled to additional compensation for losses beyond what the lump sum offer will cover.
Seeking Legal Advice for Common Law Claims
If you are considering pursuing a common law claim, it is highly recommended that you seek legal advice from a personal injury lawyer specialising in workers' compensation cases. A lawyer can help you understand your rights and options, assess the strength of your case, and guide you through the process of filing a common law claim.
Common law claims require proving that your employer breached their duty of care, resulting in your injury and subsequent losses, monetary and otherwise. A successful common law claim can potentially provide you with compensation for pain and suffering, loss of income (past and future), future medical expenses, and other damages.
Understanding Your Options
When faced with a lump sum offer from WorkCover for your permanent impairment, you can accept, reject, or defer the offer. Your decision should depend on your DPI percentage and whether you want to pursue a common law claim against your employer for additional compensation.
If you are unsure about your options or considering a common law claim, seek legal advice from an expert personal injury lawyer in workers' compensation cases. At Smith's Lawyers, we pride ourselves on guiding injured workers through these decisions to ensure you receive the compensation you deserve.
To check your legal rights to compensation, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
