Where a claimant has a whole person impairment of between 15% to 24%, and the other requirements are met, a common law claim can be made. These are often referred to as ‘silver’ type common law claims. When a worker elects to make a silver common law claim their access to medical treatment and expenses is immediately stopped. The claimant’s weekly compensation payments are also reduced to zero gradually over the course of 6 months. Section 93P of the Act explains the gradual reduction in a very round about fashion, which, put simply is:
- For the 1st, 2nd and 3rd months after the election date only 70% of the original weekly compensation will be paid;
- For the 4th, 5th and 6th months after the election date only 50% of the original weekly compensation will be paid; and
- From the 1st day of the 7th month after the election no weekly compensation will be paid.