A General Guide to Claiming Permanent Impairment Benefits Under the Seafarers Rehabilitation and Compensation Act 1992
The Seafarers Rehabilitation and Compensation Act 1992 (the Act) is a key piece of legislation designed to provide compensation and rehabilitation benefits to Australian seafarers who suffer injuries or diseases arising out of or in the course of their employment. One of the significant sections of the Act is Division 4, which deals with compensation for permanent impairment and non-economic loss. This guide will walk you through the essential considerations for claiming permanent impairment benefits under the Act.
1. Understanding Permanent Impairment
Permanent impairment refers to the lasting effects of an injury or disease that impact a person’s bodily functions or abilities. Under the Act, permanent impairment is evaluated to determine the degree of disability and the corresponding compensation a seafarer may be entitled to receive. The assessment considers factors such as loss of function, pain, and the impact on the individual’s ability to work or perform daily activities.
2. Eligibility Criteria
To be eligible for permanent impairment benefits under the Act, a seafarer must satisfy certain criteria:
- Injury or Disease: The impairment must result from an injury or disease that arose out of or in the course of employment as a seafarer.
- Permanent Nature: The impairment must be permanent, meaning it is unlikely to improve with further medical treatment or over time.
- Threshold Requirements: The degree of permanent impairment must meet specific thresholds set out in the Act. Typically, a minimum percentage of impairment, as determined by medical assessment, is required to qualify for compensation.
3. Initiating the Claim
The process of claiming permanent impairment benefits begins with notifying the employer and seeking medical attention for the injury or disease. Early reporting is crucial to ensure that the claim is processed smoothly.
- Notification: Notify your employer as soon as possible after the injury or disease is diagnosed. This notification should include details of how the injury occurred and any medical treatment received.
- Medical Assessment: Obtain a medical assessment from a qualified healthcare professional. The assessment should include a diagnosis, prognosis, and evaluation of the degree of permanent impairment. The Act requires that the impairment be assessed using approved guidelines, such as the Guide to the Assessment of the Degree of Permanent Impairment.
4. Submitting the Claim
After obtaining the necessary medical documentation, the next step is to submit a claim for permanent impairment benefits. This involves:
- Completion of Forms: Fill out the relevant claim forms provided by the employer or the compensation authority. These forms typically require detailed information about the injury, medical treatment, and the degree of impairment.
- Supporting Documentation: Attach the medical assessment report and any other relevant documents, such as hospital records, diagnostic reports, and medical reports.
- Submission: Submit the completed forms and supporting documents to the employer or the relevant authority. It is advisable to keep copies of all documents for your records.
5. Assessment and Determination
Once the claim is submitted, it will be assessed by the compensation authority, typically the insurer. This process involves:
- Review of Documentation: The authority will review the submitted medical assessments and other documentation to determine the validity of the claim.
- Independent Medical Examination: In some cases, the authority may require the claimant to undergo an independent medical examination to verify the degree of impairment.
- Determination: Based on the assessment, the authority will make a determination regarding the level of permanent impairment and the amount of compensation payable. The compensation is usually calculated as a lump sum payment based on the percentage of impairment.
6. Receiving Compensation
If the claim is approved, the seafarer will receive a lump sum payment as compensation for the permanent impairment along with a further lump sum for non-economic loss. The amount is determined by the degree of impairment and is intended to compensate for the loss of function and any impact on earning capacity.
7. Appeals and Disputes
If a seafarer disagrees with the determination made by the compensation authority, they have the right to appeal the decision. The appeal process typically involves:
- Reconsideration: Requesting an Reconsideration of the decision by the compensation authority.
- Administrative Appeals Tribunal: If the internal review does not resolve the issue, the seafarer may appeal to the Administrative Appeals Tribunal (AAT). The AAT will independently review the case and make a determination.
8. Legal Assistance and Advice
Navigating the process of claiming permanent impairment benefits can be complex, and seafarers may benefit from seeking legal advice. Our lawyers specializing in seafarers workers compensation law can provide guidance on the claim process, help prepare documentation, and represent the claimant in appeals if necessary.
9. Conclusion
Claiming permanent impairment benefits under the Seafarers Rehabilitation and Compensation Act 1992 is a crucial process for seafarers who have sustained long-term injuries or diseases in the course of their work. By understanding the eligibility criteria, following the correct procedures, and seeking appropriate legal and medical support, seafarers can ensure they receive the compensation they are entitled to for their permanent impairments.
