Queensland Yes General damages (pain & suffering) and economic loss WRI2 of less than 20% or none, worker must decide to accept lump sum payment or seek damages Pain & suffering: $302 850. Economic loss: 3 X QOTE ($3789.60) pw for each week of lost earnings Western Australia Yes - limited Economic and loss Min. 15% WPI1 $400 475 (<25% WPI1), no cap (min. >25% WPI1) South Australia No N/A N/A N/A Tasmania Yes - limited Economic and non-economic loss Min 20% WPI1 Unlimited Northern Territory No N/A N/A N/A ACT Private* Yes Unlimited Nil Unlimited - outside of workers’ compensation scheme C’wealth Yes - limited Employee: loss Dependent: economic and non-economic loss Successful PI3 claim $110 000 * as at 30 June 2013 1. WPI – Whole Person Impairment. 2. WRI – Work Related Impairment. 3. PI – Permanent Impairment. Return to work Return to work (RTW) refers to assisting injured workers in getting back to work. The aim of the RTW / rehabilitation provisions in legislation is to provide for the safe and durable RTW of the injured worker as early as possible. Table 11 - Sections of the Act or Regulations referring to RTW as at September 2013 Jurisdiction Sections of the Act or Regulations New South Wales Ch 3 Workplace Injury Management Act 1998 Part 6 2010 Regulations Victoria Accident Compensation Act 1985 — Part VIIB (RTW). Workplace Injury Rehabilitation and Compensation Act 2013 - Part 4 (from 1 July 2014). Queensland Act s220; s221; s228 Reg s101-110 Western Australia Workers’ Compensation Code of Practice (Injury Management (2005): cl1–9. Act: s3; s5(1); s64; s65 s72B; s84AA(1); s84AB; Part IX; Part IXA. South Australia s26 to s28D Tasmania Part XI of the Workers Rehabilitation and Compensation Act 1988 Northern Territory s75A and s75B, Accredited Vocational Rehabilitation Providers S50
C’wealth Seacare No N/A No In consultation with the employee, employer, rehabilitation provider and medical practitioner. * as at 30 June 2013 Return to work: injured worker placement incentives Some workers’ compensation authorities operate injured worker placement incentive schemes to encourage employers to employ workers who have had an injury and are not able to RTW with their pre-injury employer. Table 13 - Injured worker placement incentives as at September 2013 Jurisdiction Name of scheme Funding for equipment used for workplace modifications Training costs Work trials New South Wales JobCover Placement Program Yes - no limit Yes - no limit Yes — for up to 12 weeks Return to Work Assist Yes - no limit No No Workplace Modifications Yes - no limit No Can be linked to work trial Victoria WISE Not part of WISE - may be provided based on claim circumstances Not part of WISE - may be provided based on claim circumstances No Queensland Host Placement run by WorkCover QLD Case by case basis Yes Work trial will run for 6-8 weeks Western Australia N/A N/A N/A N/A South Australia RISE (re-employment incentive scheme for employers) Cost associated with minor site modifications/ equipment Considered under RTW plan Considered under RTW plan Tasmania N/A N/A N/A N/A Northern Territory Alternative Employer Incentive Scheme Yes Yes 12 week work trial ACT Private* Second Injury Scheme (private arrangement b/t insurers and employers) Not expressly provided but can be negotiated Not expressly provided but can be negotiated Not expressly provided but can be negotiated C’wealth Comacre N/A N/A N/A N/A C’wealth Seacare N/A N/A N/A N/A C’wealth DVA Vocational Rehabilitation Employer Incentives. Yes Yes Yes