Injured workers can make additional claim under new regulation

A new regulation commencing this month (November 2015) will enable injured workers in NSW, who made a claim for lump sum compensation prior to 19 June 2012, to make one further claim if their condition deteriorates.

Minister for Innovation and Better Regulation Victor Dominello said the new regulation responded to a recent court decision, Cram Fluid Power v Green [2015] NSWCA 250.

The court found that a ‘one claim only’ limit applies to all injured workers, including the cohort who made a lump sum claim prior to 19 June 2012, under s66 of the Workers Compensation Act 1987 (NSW).

“The government has acted to clarify the law, providing certainty for injured workers whose claims are affected by the Cram Fluid decision,” Minister Dominello said.

“There is no time limitation for making the claim or restriction on minimum increase in a claimant’s level of permanent impairment.”

There are around 6000 claimants who may be eligible to make a claim under the new regulation.

Minister Dominello said the 2015 benefit reforms, which became law in August, will see $1 billion in enhanced benefits passed onto injured workers and employers.

Further information is available at www.finance.nsw.gov.au.