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The WorkCover legislation contains specific provision for lump-sum payments where there is a 'total loss' of a body part. The Kennett government was forced to introduce this provision because, in many circumstances, the payment under the assessment of an injury under the Americans Guides was well below the equivalent payment for total loss of body part in the prior compensation legislation.

A full list of 'total loss' payments by date of injury is available on the WorkSafe web site.

The concept of 'total loss' is often viewed by WorkCover or self insurers as only applying to anatomical loss, such as amputation. This view is not correct and has not been supported by the courts. If a particular body part is considered to be totally useless for occupational purposes, it may still be treated as a total loss even though there has been no amputation.

In some cases of clear traumatic injury these payments are very straightforward. For example, total loss of the two joints of an index finger entitles a claimant to a payment of $36,670. The claimant is entitled to choose between the Americans Guides assessment or the 'total loss' payment, whichever is higher. Usually, for minor or moderate injuries of the 'total loss payment' will be higher.

In some cases of major trauma, the 'total loss' accident of the Act may be lower than the American Guides payment.

In some cases, a claimant will have multiple injuries, some of which may be 'total loss' injuries and others which may be assessed will only be under the American Guides. That part of the American Guides score of which relates to the 'total loss', will be separately identified enabling a claimant to elect between the payments. Where a 'total loss payment' is accepted, the remaining payment under the Guides score is reduced by the percentage attributable to that component of injury. As the compensation payable under the Guides score increases exponentially, it can be important to carry out the entitlement calculations very carefully. (Click here for some examples of 'total loss' payments).

At Workforce Legal we are expert in assessing your impairment entitlement. We are committed to ensuring that you receive the maximum compensation payment possible. For an obligation free consultation at no cost concerning your impairment entitlements contact WORKFORCE LEGAL on 1800 134 204

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