Whole Person Impairment QLD – Compassionate Help for Your Claim
We know that handling personal injury claims after a catastrophic work accident can be overwhelming and stressful. Our dedicated team is ready to walk you through the process of claiming for whole person impairment QLD so you can recover with peace of mind.
The Civil Liability Regulation 2014 defines whole person impairment (WPI) as an estimate (percentage) of how your injury-related permanent impairment has affected your ability to do everyday activities. If you’ve been injured at work, you’re entitled to a worker’s compensation payment, depending on the extent of impairment you have suffered.
What is Whole Person Impairment?
Whole person impairment (WPI) is an estimated percentage of how much your permanent impairment impacts your daily life. For WPI compensation claims, it’s important to understand that the Workers’ Compensation and Rehabilitation Act 2003 describes permanent impairment as a permanent loss of function after a work-related injury or illness. Moreover, a permanent impairment is stable and stationary, which means any future medical treatment will not help the injury or improve the impairment.
WPI is also a system used to assess the level of impairment from permanent damage to calculate an appropriate compensation payout. A qualified medical practitioner will assess the injured person according to Queensland’s specific guidelines. A WPI rating of 5% is the minimum required to qualify for a whole person impairment in QLD payout.
What Types of Injuries Are Covered by WPI?
Whole person impairment covers both physical injuries and psychological injuries or conditions. If you have suffered one of the following injuries from an accident at work, and it affects your current quality of life, you may be eligible for a WPI lump sum payment.
Physical Injuries | Psychological Injuries or Conditions& |
Serious back injuries | Post-Traumatic Stress Disorder (PTSD) |
Shoulder injuries | Work-related mental illness |
Head and neck injuries | Severe stress and/or depression |
Brain injuries | |
Loss of limb | |
Hearing loss | |
Loss of sight (full or partial blindness) | |
Injuries that affect different body parts | |
Injuries that impact your five senses |
How is Whole Person Impairment Assessed in QLD?
To start your claim for whole person impairment in Queensland, you must have a Permanent Impairment Assessment with a trained medical specialist. This will include a physical examination, during which the specialist will assess you based on Queensland’s Guidelines for the Evaluation of Permanent Impairment (GEPI). These are based on the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA5), and contain specific information for a wide range of injuries and conditions.
After analysing how your impairment affects your daily life and activities, the specialist will calculate your degree of permanent impairment (DPI). Your DPI is a percentage of whole person impairment. If your score is 5% or higher, you will be eligible for a permanent impairment payout if you meet the criteria below.
How is Whole Person Impairment Score Calculated?
Your assessment will include a review of your medical records and a thorough physical examination. The assessor will look at things like your:
- Range of motion
- Function in your limbs
- Physical changes
- Neurological issues
- Pain levels
- Impact on daily living
These factors are combined to get your final whole person impairment rating. This is your final WPI score if you want to get a permanent impairment rating payout. You can work out your score using an online whole person impairment calculator, but that score won’t be valid unless officially backed up by a qualified assessor.
Are You Eligible for a Whole Person Impairment Claim?
You are eligible for a whole person impairment claim if your injury or illness is work-related, and if your impairment has been stable for at least 3 months. During your whole person impairment assessment, your medical assessor will evaluate you based on a special set of considerations to make sure your impairment fits the criteria.
Even if at fault, you may have a right to compensation. Start your claims check:
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We’ve summarised the criteria to qualify for WPI lump sum compensation below:
1. Work-Related Injury
You cannot claim WPI for an injury or illness that is not directly related to your work. If your injury or illness occurred as a result of work, then it falls under injuries that can be compensated. So, you are eligible for a WPI claim.
2. Stabilised Condition
Your injury or illness must be at the point where medical professionals believe the likelihood of improvement is low, even with treatment. This point is known as maximum medical improvement (MMI).
Whole Person Psychological Impairment
If you have both physical and psychological (or psychiatric) impairments caused by the same injury, your impairments will not be assessed together. You will be assessed twice – once for your physical injury and once for your mental condition. Unlike multiple physical impairments, these two results cannot be combined.
When psychiatric or psychological disorders are present, you will be assessed by a Medical Assessment Tribunal (MAT). This is an independent tribunal run by the Workers’ Compensation Regulatory Services (WCRS). You’ll be assessed by a panel of three to five specialists who will consider how long you’ve had the condition, any treatment or medication you’re on, and if your impairment is likely to improve. They will also check if you’ve had reasonable treatment for your impairment and whether it has been affected by your psychiatric condition.
What is a Whole Person Impairment Scale/Rating?
The whole person impairment scale is the rating system used to determine permanent impairment payout amounts in QLD. It spans from 0 to 100%, and your whole person impairment percentage (DPI) determines how much compensation you’re entitled to. This scale considers the overall effect of your impairment on your daily activities.
According to the Workers’ Compensation and Rehabilitation Act 2003 (QLD), your final compensation is calculated by multiplying your WPI percentage by the maximum statutory compensation. This amount can change based on your benefit type.
For example, if your compensation falls under “standard” benefit, you would multiply Queensland’s ordinary time earnings (QOTE) by 216.15. As of 1 July 2023, QOTE is $1,760.70. This would give you a maximum statutory compensation of $380,575.31.
We’ve used this calculation to give you an idea of the permanent impairment payment you can expect based on your WPI score using the “standard” benefit.
Estimated Whole Person Impairment Rating Payout in Queensland
WPI Percentage (DPI) | WPI Payout Estimate |
5% | $19,029 |
10% | $38,058 |
15% | $57,086 |
20% | $76,115 |
25% | $95,144 |
** Note that these are only general payout amounts. Contact us today for an estimated payout based on your specific circumstances.
The Psychiatric Impairment Rating Scale (PIRS)
There’s a different scale for calculating psychiatric impairment. It has extra factors to help the assessor determine the extent of impairment based on psychiatric conditions in those who are dealing with the consequences of workplace injuries or illnesses.
The assessor will have to measure the impact of psychiatric conditions on your life separately from the impact of your physical injury or illness. This scale (called the PIRS scale) has 6 components to be evaluated:
- Self-Care and Personal Hygiene: The assessor will evaluate whether you are taking care of your personal needs by yourself.
- Engaging in Social Interaction and Leisure Activities: This measures how much you take part in social gatherings and hobbies, as well as how much you enjoy them.
- Travel Independence: You will be assessed on your ability and willingness to travel on your own, use public transport, and operate your vehicle independently.
- Relationships: Your assessor will also evaluate your personal relationships with family, friends, and your partner to see if everything is going well.
- Focus and Completing Tasks: This component checks how well you can follow instructions, as well as how well you can focus on a single task, maintain effort on that task over time, and work consistently to finish what you have started.
- Workplace Readiness: Lastly, your assessor will have a look at whether you are ready to return to work, whether you could return full-time or part-time, and if you need to work at a different location. Here, they may consider factors like productivity, stress management, time management, and reliability.
Like physical impairment, your medico-legal assessment for psychiatric impairment is measured using the Guidelines for Evaluation of Permanent Impairment.
Whole Person Impairment Compensation Options in QLD
If you qualify for a whole person impairment payout, you can expect one of two compensation options: a lump sum payout or common law damages.
Lump Sum WPI Payout
This lump sum compensation is a “no-fault” statutory claim. It is calculated based on your WPI score (DPI) and is paid out even if the accident was your fault. You are entitled to this payment no matter what your WPI score is, as long as you meet the permanent impairment criteria explained above.
Common Law Damages
You can file a common law claim for damages if your injury was caused by someone else’s negligence. You will need to prove this negligence (or fault), but the payout is often higher as it covers medical expenses, lost income (past and future), and pain and suffering. It’s worth noting that common law damages claims can be more complex and often take longer than WPI lump sum claims.
If your DPI is 20% or higher, you may be able to claim a WPI payout and file a common law damages claim. However, if your DPI is below 20%, you may have to choose between WPI compensation and common law compensation.
We know the compensation claims process can be daunting, even when your claim seems straightforward. If you would like some guidance, get in touch with us, and we will walk with you every step of the way.
What Is the Difference Between a WPI Claim and a Common Law Claim?
WPI Claims | Common Law Claim | |
Nature | No-fault claim; no need to prove the cause | Based on negligence |
Eligibility | Usually requires a minimum DPI of 5% or higher | You must prove someone else’s negligence |
Compensation | Lump sum payment based on your DPI percentage | Potentially higher as it includes pain and suffering, loss of future income, and more |
Time Limits | Strict time limits for submitting a claim starting from WPI assessment | Strict time limits for submitting a claim starting from the day of injury |
Common Law Rights and Impact on WPI | If your DPI is 20% or higher, you can also submit a common law claim | If your DPI is lower than 20%, you may waive your right to a WPI payout if you claim common law damages |
How Do I Claim for Whole Person Impairment in QLD?
We highly recommend getting legal help with permanent impairment claims. Having a professional on your side will help you get through the complexities of a claim with peace of mind! Give us a call today – our team is ready to help you along your WPI journey.
Our team will handle the entire process for you. We’ll start by organising your medical assessment to prove you have reached maximum medical improvement. Then, we’ll submit your claim. You may wait up to 2 months to hear back from the insurer, and they may require a second examination done by one of their specialists.
If a dispute arises, an independent medical examiner may need to assess you. If there’s no dispute, you will receive a lump sum payout. At WT Compensation Lawyers, we have a “No Win, No Fee” policy, so you won’t spend anything until you get your payout.
Whole Person Impairment in QLD FAQs
No, if you’ve already accepted a lump sum payout for whole person impairment in QLD, you cannot claim again for the same injury. However, you are still entitled to make a common law compensation claim if your DPI is over 20%, the injury was caused by third-party negligence, and you’re still within the legal time frame to make a claim.
Yes, you can appeal your WPI assessment. You can ask for a review, and if you still aren’t happy with your DPI, you can go to an independent medical assessment tribunal.
Our compassionate team is ready to work with you on your claims journey. Contact us to chat about your case, and remember – no win, no fee. Or, take our FREE case assessment for more insight on your claim.
What our clients say
Even if at fault, you may have a right to compensation. Start your claims check:
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Reviews
Ru McKinnon
Jono, Sinny and everyone at WT Compensation Lawyers are the best car accident lawyers in Brisbane I’ve come across. The genuine care, compassion and human kindness they show to their clients is clear from the very first moment you speak to them. I cannot recommend them enough to anyone in need of a personal injury lawyer and would not hesitate at all to refer any of my family or friends. Thank you guys always for all your great work.
Colin Lee
I highly recommend Jono, Sinau and the entire team at WT as personal injury lawyers for anyone in Brisbane looking for the best representation. Jono is a step above other lawyers, both in knowing his craft but also in the way he treats his clients like one of his own family. From the very first moment I met him, he has treated me with respect, kindness and compassion and I am glad to say we have become good friends. WT are genuine and very good people who want nothing more than to do the best thing by their clients so THANK YOU for all that you do.
Laurence Twining
Life changing. Seriously. I would highly recommend Jono without any hesitation to anyone in Brisbane looking for the best car accident lawyer. The word grateful doesn’t even begin to express how I feel after having Jono look after me after my car accident claim. He has single handedly changed my life and has given me an opportunity to move on with a bright future after some of the toughest times after my accident. I previously used a big personal injury firm, one that has ads on tv and big marketing budgets for an old work accident and the experience isn’t comparable at all. Care, empathy, compassion, kindness and always had time for me, no matter what time of day/night or how silly my question was. Jono always made me feel like I was important and always kept me updated with everything that was going on. I only wish I had used WT for my old work accident. My result I got far exceeded my expectations and is only a testament to the great personal injury lawyer that Jono is. If you’re still looking for a car accident lawyer just seriously stop and give Jono a call. You will not regret it.
RD
I can’t thank Jono enough for his outstanding work after my motorcycle accident. His dedication, expertise, and genuine care made all the difference in my case and surprisingly turned a horrific situation into a positive one for me. From day one, he took the time to understand my situation, became a very real pillar of support for me, and kept me informed every step of the way. Jono’s strategic approach and relentless advocacy got me a life changing outcome beyond my expectations. If you’re searching for the best personal injury lawyer in Brisbane who truly goes above and beyond, Jono is your go-to guy. He’s also a great bloke which I’m sure is clear to everyone who has the pleasure of crossing paths with him. I’m so grateful for his expertise, support and friendship and writing this review is just a very small way of me thanking him for changing my life.
Tania Harimate
Sinau and the team at WT Compensation Lawyers have been nothing short of amazing. From the beginning, they made me feel comfortable with the process and were so easy to contact. Sinau was very professional and always calling me to keep me updated with my claim. He would always go out of his way to make sure my family and I were okay which I am really grateful for. His kind words and professional advice during a dark time in my life was the glimmer of hope that I needed to keep going. I will always be recommending Sinau and the team at WT to my friends and family, as I truly believe they are the best WorkCover lawyers in Brisbane. From the bottom of my heart, thank you for looking out for your Pasifika people Sinau. It is rare that we see people like you who genuinely care for our community and for that I thank you.