Negligence claims

• Serious permanent impairment or loss of body function
• Permanent serious disfigurement
• Severe permanent mental or behavioural disturbance
• Loss of a foetus
• An injury that results in significant impairment under the relevant guides, usually the American Medical Association’s Guides to the Evaluation of Permanent Impairment.

What is Whole Person Impairment (WPI)?

A Whole Person Impairment is a measure of the degree of impairment you have suffered as a result of your injury. It must be assessed by a medical specialist.

To undergo an assessment, your injury must have reached maximum medical improvement. This means your condition has 'stabilised' and is unlikely to change substantially in the next year with or without treatment. Once you've undergone this assessment, the specialist will inform you of your Whole Person Impairment assessment percentage.

A Whole Person Impairment assessment determines the amount of lump sum compensation you're entitled to.

If you were injured after 20/10/1999: You can claim damages for negligence within 6 years of the date of injury by filing a complex legal application.

If you were injured between 12/11/1997 and 19/10/1999 (inclusive) and are covered by WorkCover: You cannot generally claim damages against your employer or any other party.

If you were injured through the negligence of another person prior to 12/11/1997, and your incapacity becomes known after this date: You have three years from the date of becoming aware of the nature and severity of your medical condition to begin legal action, by filing a complex legal application.