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.

A person wearing a high vis vest holding a white hard hat.

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.

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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09:47 17 Dec 24

Very knowledgeable, explains everything very clearly and highly recommend.

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Although a long journey, the team at Garling & Co Lawyers have been amazing. They are thorough and clear with the processes and the expectations. It is a pleasure dealing with Emma and Rebecca. They... take all the weight off our shoulders when it comes to all the legal stuff and they make us feel comfortable and confident in their ability to look after us.read more

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We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more

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11:22 12 Sep 24

I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more

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07:45 29 Aug 24

Thank you for the great outcome!

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05:18 13 Jul 24

Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more

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Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more

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Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more

Jo L.

05:58 07 May 24

So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more

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Section 39 of the Workers Compensation Act

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

Matthew Garling

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