Reading Guide for Medical Practitioners - WorkCover Tasmania

More documents

Recommendations

Info

PERIOD FOR WHICH BENEFITS ARE PAYABLE: WEEKLY PAYMENT - ‘STEP DOWN’Section 69B and 87There is no 'salary cap' on weekly payments.Section 87 of the Act provides that a worker’s entitlement to weekly payments ofcompensation will cease:• If the injury occurs before the worker is 64 years, then when the worker attainsthe age of 65 years; or• If the injury occurs after the worker turned 64 years, on the date one year afterthe injury occurs.Expiry of a worker’s entitlement to weekly payments under section 69, subject tosection 87:Worker’s permanent impairment, at aExpiration of weekly paymentspercentage of the whole personless than 15% or is not assessedassessed at 15% or more but less than 20%assessed at 20% or more but less than 30%assessed at 30% or more9 years after the date of the initial incapacity12 years after the date of the initial incapacity20 years after the date of the initial incapacitywhen the worker attains the age of 65 years,of if the worker is 64 years of age on the dateone year after the injury occurredUnder the Act, a worker’s weekly earnings are ‘stepped down’ after a period ofincapacity. Weekly payments to injured workers are paid on the following schedule:% of weeklypayment% when worker unableto perform usual oralternative duties 15100% -90% 95%80% 85%Period of incapacityfirst 26 weeks of the period of incapacity followingthe date of initial incapacityexceeding 26 weeks but not exceeding 78 weeksfrom the date of initial incapacityof the weekly payment for the period of incapacityexceeding 78 weeks but not exceeding –o 9 years from the date of initial incapacity, if theworker's permanent impairment (if any), at apercentage of the whole person, is less than 15%or is not assessed; oro 12 years from the date of the initial incapacity, ifthe worker’s permanent impairment, assessed ata percentage of the whole person, is 15% ormore but less than 20%; oro 20 years from the date of the initial incapacity, ifthe worker’s permanent impairment, assessed ata percentage of the whole person, is 20% ormore but less than 30%; oro the period extending from the date of the initialincapacity to the day on which the entitlement ofthe worker ceases in accordance with section 87,if the worker's permanent impairment, assessedat a percentage of the whole person, is 30% ormore.15 Where there is medical evidence that the worker is unable to perform their usual duties or suitablealternative duties or where the employer does not enable the worker to undertake suitable alternativeduties.Reading Guide for Medical Practitioners Version: 2, June 2010Page 14 of 27
A worker’s weekly payment will not be reduced by the percentage specified above inrespect of any week where the work engages in work, for 50% or more of the worker’snormal weekly hours, under the worker’s approved return-to-work or injurymanagement plan.A safety net of 70% of the basic salary for low-income workers is now provided or theweekly rate payment determined under section 69, whichever is the lesser.Workers should be made aware that, if they are eligible for compensation under theAct, their employer is legally obliged to pay them.Normal Weekly EarningsBroadly, normal weekly earnings could include ordinary pay plus regular overtime andallowances except travel and accommodation. Normal Weekly Earnings (NWE) iscalculated as the average earnings over the 12 months prior to the date of incapacity.Example:Jason and his medical practitioner worktogether on a suitable return-to-workplan, bearing in mind that a ‘step-down’will apply. (Jason will soon drop insalary from 100% to 90%).Weekly benefits are reduced from 100%to 90% after 26 weeks, and to 80% after78 weeks.Jason’s medical practitioner advises himthat graduated return-to-work will lessenthe financial impact, and works withJason and his employer to explore waysfor Jason to return-to-work in somecapacity.Reading Guide for Medical Practitioners Version: 2, June 2010Page 15 of 27
Page 2 and 3: READING GUIDEWORKERS REHABILITATION
Page 5 and 6: SECTIONS OF THE ACT RELEVANT TO MED
Page 7 and 8: The more familiar a primary treatin
Page 9 and 10: The medical practitioner's roleThe
Page 11 and 12: JOURNEY CLAIMSSection 25(6)(a) and
Page 13: MEDICAL PANELSSections 50(1) to 55B
Page 17 and 18: ADDITIONAL COMPENSATION FOR TRAVELL
Page 19 and 20: INJURIES CONTRACTED BY GRADUAL PROC
Page 21 and 22: WORKERS’ AGE LIMITATIONSSection 8
Page 23 and 24: within seven days, serve a copy of
Page 25 and 26: work performed. Medical practitione
Page 27: FALSE OR MISLEADING INFORMATIONSect

Reading Guide for Medical Practitioners - WorkCover Tasmania

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?