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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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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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