Changes to Workers’ Compensation scheme….

The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015 (‘the Act’) was passed by Parliament and was assented to on 24 September 2015.

The Act removes the requirement that a worker meet a 5% ‘degree of permanent impairment’ (DPI) threshold before being entitled to claim common law damages against his or her employer.

The changes will apply to all injuries sustained since the date of the last State Election (i.e. from 31 January 2015), and will establish (by Regulation) a mechanism for the provision of additional compensation (lump sum payments) for workers injured during the period between the introduction of the 5% threshold on 15 October 2013, and 30 January this year, commencing on a date to be fixed by proclamation.

Further, the Act removes the entitlement of prospective employers to seek potential employees’ claims history summary information, in response to privacy concerns.