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Last updated September 06, 2023

Section 39 of the Workers Compensation Act

Amendments to Section 39 of the Workers Compensation Act.

Due to the amendments to the Workers Compensation Legislation in 2012, Section 39 of the Workers Compensation Act states that injured workers who have been receiving weekly benefits since 1 October 2012 must have an assessment of greater than 20% whole person impairment to continue receiving weekly payments beyond the end of 2017.

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Workers must have an assessment of greater than 20% whole person impairment to continue receiving weekly payments.

A Lawyer can help you obtain your own assessment

The workers’ compensation insurers are presently arranging for all workers in this position to undertake medical assessments to determine their whole person impairment and whether they will exceed 20% whole person impairment.

Such an assessment is the insurers’ opinion only and you do not need to accept that assessment. You are entitled to obtain your own assessment of whole person impairment from a doctor of your choosing.

To obtain your own assessment of whole person impairment you need to obtain legal assistance from an accredited specialist in personal injury law. The lawyer will then obtain funding to proceed with your claim from the WorkCover Independent Review Officer (WIRO). Your lawyer can then arrange for you to be medically examined and have your own assessment of whole person impairment.

You should never accept the insurance company doctors’ assessment of whole person impairment. This is not final and binding.

If you obtain your own assessment of whole person impairment which exceeds 21%, then the matter is referred to an independent doctor appointed by the Workers Compensation Commission. The independent doctor will then assess the whole person impairment and this assessment is final and binding on both the insurer and the injured worker.

It is therefore crucial to obtain the highest assessment of whole person impairment possible. As if you do exceed 21% whole person impairment you are entitled to weekly payments of compensation until retirement age and medical expenses for the remainder of your life.

Otherwise your weekly payments could stop at the end of 2017 and your medical expenses paid for a maximum of a further 5 years.

Should you require any assistance please do not hesitate to contact us.

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...
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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
james C.
00:48 08 Jul 26
Can not thank the team here at Garling & Co enough. From all the extra help, to the end outcome was amazing. Mathew is very knowledgeable with the law and makes you feel very comfortable with... everything. Appreciate it all guys cheersread more
Anna C.
04:33 06 Jul 26
I can’t thank you enough for your support. Kerry and staff went above and beyond. Always kept me up to date.I recommend Garling and Co to anyone.Thank you Kerry and Staff
Ramez F.
07:51 19 May 26
I cannot highly recommend Garling & Co Lawyers enough for their incredible support during my recent case. From our first meeting, they provided clear, honest advice and guided me through a complex... legal process with absolute professionalism. Their dedication, attention to detail, and expertise in this matter was outstanding, ultimately securing an excellent outcome. If you need a reliable, knowledgeable, and genuinely supportive solicitor, look no further than GARLING & CO LAWYERS.read more
P X
23:43 17 Apr 26
Very kind and respectful.
Alina S.
03:51 26 Mar 26
I can’t thank Mr Garling and his team enough for the incredible support they provided throughout my case. From the very beginning, they showed genuine compassion, professionalism, and a strong... commitment to achieving the best possible outcome for me - and the result they achieved in the end was far beyond my expectations!What stood out most was their clear and prompt communication, customer-focused approach and kindness. At every stage, they made sure I understood what was happening and what to expect. This made a very difficult and emotionally challenging process a lot more manageable. Whenever I had questions or felt anxious they were responsive, patient, and reassuring.Thanks to Mr Garling, I felt empowered and confident navigating the complex, opaque and overwhelming workers compensation system. His dedication and expertise, along with the hard work of his entire team, helped me achieve an outstanding outcome.I cannot recommend Garling & Co highly enough, to anyone in need of personal injury legal assistance, and especially those dealing with a workplace injury / workcover. You’ll be in very capable and caring hands!read more
READ ALL TESTIMONIALS

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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
james C.
00:48 08 Jul 26
Can not thank the team here at Garling & Co enough. From all the extra help, to the end outcome was amazing. Mathew is very knowledgeable with the law and makes you feel very comfortable with... everything. Appreciate it all guys cheersread more
Anna C.
04:33 06 Jul 26
I can’t thank you enough for your support. Kerry and staff went above and beyond. Always kept me up to date.I recommend Garling and Co to anyone.Thank you Kerry and Staff
Ramez F.
07:51 19 May 26
I cannot highly recommend Garling & Co Lawyers enough for their incredible support during my recent case. From our first meeting, they provided clear, honest advice and guided me through a complex... legal process with absolute professionalism. Their dedication, attention to detail, and expertise in this matter was outstanding, ultimately securing an excellent outcome. If you need a reliable, knowledgeable, and genuinely supportive solicitor, look no further than GARLING & CO LAWYERS.read more
P X
23:43 17 Apr 26
Very kind and respectful.
Alina S.
03:51 26 Mar 26
I can’t thank Mr Garling and his team enough for the incredible support they provided throughout my case. From the very beginning, they showed genuine compassion, professionalism, and a strong... commitment to achieving the best possible outcome for me - and the result they achieved in the end was far beyond my expectations!What stood out most was their clear and prompt communication, customer-focused approach and kindness. At every stage, they made sure I understood what was happening and what to expect. This made a very difficult and emotionally challenging process a lot more manageable. Whenever I had questions or felt anxious they were responsive, patient, and reassuring.Thanks to Mr Garling, I felt empowered and confident navigating the complex, opaque and overwhelming workers compensation system. His dedication and expertise, along with the hard work of his entire team, helped me achieve an outstanding outcome.I cannot recommend Garling & Co highly enough, to anyone in need of personal injury legal assistance, and especially those dealing with a workplace injury / workcover. You’ll be in very capable and caring hands!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.
Google Rating
4.9