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Amendments to the Workers Compensation Act

The proposed amendments to the Workers Compensation Acts received formal assent from parliament on Friday 21 August 2015.

We have summarised the major amendments made to the Workers Compensation Acts below.

AMENDMENTS TO WEEKLY COMPENSATION

The Act has removed the term “seriously injured workers” and replaced with instead “worker with highest needs”.

A “worker with highest needs” is a worker who has an assessment of whole person impairment of more than 20%.

If you have an assessment of more than 20% whole person impairment you are now entitled to receive weekly payments of compensation until retirement age. There is no longer any need for the following to occur to receive weekly payments:-

  • To work at least 15 hours per week; and
  • To undergo work capacity assessments every 2 years.

A worker with an assessment of more than 20% whole person impairment is now entitled to receive weekly payments of compensation until retirement age based on the difference between the average weekly earnings prior to injury less any amount you are capable of earning in some suitable employment (or are actually earning in suitable employment).

This amendment applies to all claims from 21 August 2015.

MEDICAL EXPENSES

If you have an assessment of whole person impairment of 10% or less, then you are entitled to receive medical expenses for a maximum period of 2 years from the date on which weekly payments of compensation ceased to be payable.

If you have a degree of permanent impairment of more than 10% but 20% or less then you are entitled to medical expenses for a period of 5 years from the date on which weekly payments of compensation ceased to be payable to a worker.

This section does not apply to a worker with high needs. If you have an assessment of more than 20% then you are entitled to medical expenses for the remainder of your life.

The restrictions as outlined above do not however apply to the following kinds of medical or related treatment:-

  • The provision of crutches, artificial members, eyes or teeth and other artificial aids or spectacles including hearing aids and hearing aid batteries;
  • Any modifications required of a workers home or vehicle; or
  • Secondary surgery – secondary surgery is defined as surgery which is directly as a result of earlier surgery and effects the same part of the body and is needed within 2 years from the date of the earlier surgery.

This amendment applies to all claims from 21 August 2015.

RETIREMENT AGE

If you made a claim for weekly payments of compensation on or after 1 October 2012, you are now entitled to receive weekly payments for one year after your statutory retirement age.

COMPENSATION FOR RETURN TO WORK ASSISTANCE

If you have an assessment of whole person impairment of 20% or less and you are unable to return to employment with your pre injury employer and obtain employment with another employer, then the employer is liable to pay up to $1,000.00 in work assistance benefits.

If your degree of permanent impairment is assessed at more than 20% and you are unable to return to employment with your pre injury employer and obtain employment with another employer, then the employer is liable to pay up to $8,000.00 in work assistance benefits.

This applies only to work assistance occurring after 21 August 2015.

LUMP SUM COMPENSATION

For injuries received on or after 21 August 2015, the amount payable for lump sum compensation for permanent impairment has been increased substantially on average about a 30% increase in the amount payable.

CONCLUSION

The amendments are a welcome removal of some of the very harsh changes made in October 2012 however much of the legislation is still unfair particularly work capacity assessments performed by insurers rather than an independent tribunal or Court.

These amendments do not apply to police officers, paramedic, fire fighters or coal miners who remain entitled to compensation as payable under the 1987 Act prior to the amendments on 1 October 2012.

For more information on Workplace Compensation Claim Success, read our guide here.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Jennifer J.
23:54 03 Oct 26
I was introduced to Garling & Co. following my injury, by a family member who had previously had a positive outcome.From our initial phone contacts with Kerry Byrnes, we were confident we had made... the correct decision to engage them.We were kept updated by Kerry, Myriel & other staff throughout the process. They kept us informed in a professional, prompt & detailed manner. This gave us confidence that our case was being handled with my best interests foremost. I have absolutely no hesitation in recommending Garling & Co. to future clients.Paul J.read more
Helen B.
02:14 29 Sep 26
Matthew and his team have always been very supportive and helpful throughout my long journey to settlement. Thank you everyone who helped me through this process.
AlnLisa K.
04:15 16 Sep 26
Our experience with Garling&Co has been nothing short of exceptional since our first meeting. Matthew and his team have been absolutely amazing. They are professional, prompt, attentive, empathetic... and honest. Highly recommend 100%. Matthew - THANK YOUread more
JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
Chris H.
02:52 31 Jul 26
I engaged Garling & Co to guide me through a personal injury claim and could not have asked for better representation. Matthew was in a different class to the other lawyers I had spoken to, and that... was clear from our very first phone call. At that time, I was not even sure a claim would go ahead. It was just a call for advice and Matthew was generous with his time which created immediate trust.My options were always explained clearly and the decision was always left with me with no pressure to follow a particular course of action. Allison and the rest of Matthew's team are equally excellent and were on hand throughout, taking me through the process and passing on information at the right time.No hesitation in recommending them to anyone looking for the best advice in NSW.read more
Mik B.
01:18 31 Jul 26
Matthew and the team at Garling & Co have provided seamless care throughout my case. Keeping me updated and providing the best advice on my workers compensation matter. I felt will looked after and a... have high level of trust in my legal matters.read more
Donna M.
21:09 30 Jul 26
Kerry and her team are professional showing real empathy and kindness.Going through a severe psychological work injury is a deeply lonely, exhausting, and anxiety-ridden road. But from the moment... Kerry and her team stepped in, everything changed. They showed me the kind of genuine empathy, warmth, and human kindness that you just don't expect to find in the legal world. They truly, deeply understand the complexities of psychological injury law, but more importantly, they understand the human being behind the case. No matter how scrambled or anxious my mind was feeling, they always found the time to answer my frantic check-ins and left me feeling completely reassured and safe.What I respect most about them is their absolute integrity.Kerry has a brilliant legal mind specialising in personal injury,and only ever sticks strictly to the real facts and let the honest, medical truth do the talking.Thank you Kerry and Myriel.❣️read more
Jd A.
21:05 30 Jul 26
Like to thank Matthew and the team for their work and dedication ,special thanks to Matthew for being vigilant in helping me navigate the insurance battle.My advice to anyone is trust Matthew and... yourself, say vigilant.Thank youGarling and coDaveread more
Marshall B.
01:57 09 Jul 26
Mathew and his team were a pleasure. Very sympathetic to my situation and very easy to work with. Explained the process so well and always kept in contact and looked out for my best interest. I... wouldn't hesitate to recommend Garling & Co to anyone.read more
READ ALL TESTIMONIALS

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Jennifer J.
23:54 03 Oct 26
I was introduced to Garling & Co. following my injury, by a family member who had previously had a positive outcome.From our initial phone contacts with Kerry Byrnes, we were confident we had made... the correct decision to engage them.We were kept updated by Kerry, Myriel & other staff throughout the process. They kept us informed in a professional, prompt & detailed manner. This gave us confidence that our case was being handled with my best interests foremost. I have absolutely no hesitation in recommending Garling & Co. to future clients.Paul J.read more
Helen B.
02:14 29 Sep 26
Matthew and his team have always been very supportive and helpful throughout my long journey to settlement. Thank you everyone who helped me through this process.
AlnLisa K.
04:15 16 Sep 26
Our experience with Garling&Co has been nothing short of exceptional since our first meeting. Matthew and his team have been absolutely amazing. They are professional, prompt, attentive, empathetic... and honest. Highly recommend 100%. Matthew - THANK YOUread more
JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
Chris H.
02:52 31 Jul 26
I engaged Garling & Co to guide me through a personal injury claim and could not have asked for better representation. Matthew was in a different class to the other lawyers I had spoken to, and that... was clear from our very first phone call. At that time, I was not even sure a claim would go ahead. It was just a call for advice and Matthew was generous with his time which created immediate trust.My options were always explained clearly and the decision was always left with me with no pressure to follow a particular course of action. Allison and the rest of Matthew's team are equally excellent and were on hand throughout, taking me through the process and passing on information at the right time.No hesitation in recommending them to anyone looking for the best advice in NSW.read more
Mik B.
01:18 31 Jul 26
Matthew and the team at Garling & Co have provided seamless care throughout my case. Keeping me updated and providing the best advice on my workers compensation matter. I felt will looked after and a... have high level of trust in my legal matters.read more
Donna M.
21:09 30 Jul 26
Kerry and her team are professional showing real empathy and kindness.Going through a severe psychological work injury is a deeply lonely, exhausting, and anxiety-ridden road. But from the moment... Kerry and her team stepped in, everything changed. They showed me the kind of genuine empathy, warmth, and human kindness that you just don't expect to find in the legal world. They truly, deeply understand the complexities of psychological injury law, but more importantly, they understand the human being behind the case. No matter how scrambled or anxious my mind was feeling, they always found the time to answer my frantic check-ins and left me feeling completely reassured and safe.What I respect most about them is their absolute integrity.Kerry has a brilliant legal mind specialising in personal injury,and only ever sticks strictly to the real facts and let the honest, medical truth do the talking.Thank you Kerry and Myriel.❣️read more
Jd A.
21:05 30 Jul 26
Like to thank Matthew and the team for their work and dedication ,special thanks to Matthew for being vigilant in helping me navigate the insurance battle.My advice to anyone is trust Matthew and... yourself, say vigilant.Thank youGarling and coDaveread more
Marshall B.
01:57 09 Jul 26
Mathew and his team were a pleasure. Very sympathetic to my situation and very easy to work with. Explained the process so well and always kept in contact and looked out for my best interest. I... wouldn't hesitate to recommend Garling & Co to anyone.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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