The Law Handbook 2024

Chapter 10.3: Transport accident injuries 945 family home, the other members of the family are deemed to be partial dependants. In addition to the above amounts, under the WIRC Act, the ‘reasonable’ costs of the deceased’s funeral and other burial expenses are payable up to certain amounts. Also, an amount of up to $6990 can be paid for family counselling expenses. A lump sum payable to a dependent child is paid to a trustee (who may be a parent of the child) to be appointed by the court, to be invested or dealt with on behalf of the child. If a dependent child requires certain amounts from the trustee for purposes such as purchasing furniture, a house, a car or paying bills, a request for payment must be made to the trustee. In most cases (if the proposed expenditure is considered reasonable), the trustee should make payment out of the money held on behalf of the dependent child. Claims by non-dependent family members (s 240) If there are no dependants of a deceased worker at the time of death, then non-dependant family members can make a claim for expenses where there is financial hardship. An amount of up to $39 430 may be paid for such expenses incurred as a result of the worker’s death. Such claims are very limited and must be made to the Magistrates’ Court. Provisional payments (s 243) In certain circumstances, provisional payments may be made to the dependants of a deceased worker before a claim has been accepted. These payments can be made for such expenses as funeral costs, medical costs, counselling and a weekly pension. The maximum provisional payment is $9840. Medical and like expenses Entitlements and requirements A worker injured in compensable circumstances, whether or not the injury results in time off work, is entitled to payment or reimbursement of reasonable medical and other related expenses. The expenses covered by the WIRC Act are set out in Part 5, division 7, and cover medical, hospital, ambulance, chemist, nursing and travelling expenses, artificial medical aids, and treatment by registered chiropractors and osteopaths. Counselling benefits (set out in ‘Claims in the event of death’, above) are payable to the family members of a ‘severely’ injured worker where there is immediate hospital inpatient treatment or the worker dies from the injuries. If a worker makes a claim after 1 July 2021 for a mental injury, then there is an entitlement for provisional medical and like expenses to be paid for the first 13 weeks, even if the worker’s compensation claim is contested. There are some exceptions; for example, if it is alleged that the claimant is not a worker under the WIRC Act. Other claims can include personal household and occupational rehabilitation expenses, such as household help, gardening, and car and home modifications. Note that the provisions listed in ‘Claims in the event of death’, above, is not complete and a careful reading of the provisions is recommended. The worker is allowed to consult doctors of their choice, whether for treatment or for giving evidence to the court. However, the worker must submit to examination by doctors nominated by the employer, self-insurer, or authorised agent at ‘reasonable intervals’ without any expense to the worker (s 27). The WIRC Act states that the expenses must be ‘reasonable’; that is, they must be reasonable as to the amount of expense, and to the necessity and frequency of treatment. The liability for payment continues while the injured worker suffers from the effects of the injury, whether there is a return to work or not. Under all WorkSafe schemes, the self-insurer is generally not liable for payment of medical expenses after a period of 52 weeks from when weekly payments of compensation cease, except in certain specified circumstances (s 232(1)). A 28-day Notice must be given prior to such a termination. Lump sums and settlements There are very limited rights for an injured worker to obtain a lump sum under the WIRC Act. Non-economic loss (impairment benefit) A worker may be entitled to a lump sum under sections 211, 212 and 213 or (if there is a ‘total loss’) section 221. The latter section provides minimum amounts of compensation for total loss that are paid if a worker is entitled to receive a lower amount for total loss under sections 211, 212 and 213.