Safety Matters - Rail, Tram and Bus Union of NSW

Are there any additional benefi ts?
Yes, if a person has sustained a very severe injury and they are awarded over a
10% whole of body permanent impairment they would be entitled to claim an
additional lump sum benefit under a pain and suffering provision.
This benefit is up to a maximum of $50,000.
The claimant would be eligible to receive a portion of this lump sum benefit.
Who decides or determines a claim?
The first step is to determine if you have a permanent injury. The union provides
this assistance to their members.
The union has officers and specialist compensation lawyers who will file all the
necessary documents with the insurance company on your behalf.
The union or their solicitor will arrange for you to seen an eminent doctor who
is a specialist in the injury you have sustained – for example, if you have a hand
injury then you would be referred to one of the top specialists.
Often the union may require for you to see more than one specialist to ensure
that you can claim your full entitlements.
These doctors will determine your level of what the permanent impairment is
and prepare a report.
The union solicitor then files this report, along with all the necessary documents
with the insurance company.
The insurance company will also request for you to be assessed by one of
their doctors who may disagree with what you have claimed and the union
solicitor will try to negotiate a settlement or take the matter to the Workers
Compensation Commission to have it determined.
The union will also advise you on whether you are entitled to the additional
lump sum pain and suffering benefit.
Safety Matters A Guide for Workplace OHS Representatives
SECTION THREE
RAIL
TRAM AND BUS
31
A Summary of Workers Compensation in NSW
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