Lump sum payments for pneumoconiosis injuries and latent onset injuries
A worker who has experienced a work-related latent onset injury that’s led to a terminal condition or a disease that's considered to be a form of pneumoconiosis might be entitled to what’s called ‘lump sum compensation’.
What does this mean?
A lump sum is a single payment made at one particular time instead of a number of smaller payments over time.
What is a 'latent onset’ injury?
A latent onset injury is a condition caused by exposure to something (e.g. the sun or a chemical) that takes a long time to make a person sick. Examples include:
- skin cancer
- asbestos diseases
- mine dust lung diseases
- firefighter’s cancers
- silicosis resulting from exposure to manufactured stone.
What is pneumoconiosis?
The following conditions are considered to be pneumoconiosis;
- coal workers’ pneumoconiosis (CWP or black lung)
- mixed dust pneumoconiosis
- silicosis
- progressive massive fibrosis
- asbestosis.
A worker who is diagnosed with a condition that is considered to be a form of pneumoconiosis can be assessed for a lump sum payment amount. The amount payable is determined by their pneumoconiosis score which is calculated using the ILO reading performed on their chest x-ray.
This lump sum is only payable after a worker’s overall permanent impairment is assessed.
What is a 'terminal condition'?
A terminal condition is a condition that is expected to end a person’s life. Workers with a terminal condition may be able to receive a lump sum payment.
What benefits are workers with a terminal condition entitled to receive?
The Workers’ Compensation Regulator publishes the lump sum payment amounts each year. The latent onset terminal payment is reduced by any weekly benefits, lump sums, redemption payments or damages that a worker has already received. It is also reduced for workers who are over 70 years of age.
Will compensation benefits stop?
Once an insurer has paid a worker’s lump sum for a terminal condition, their claim will close, and they will not be entitled to any ongoing compensation. This includes medical expenses, loss of wages or additional lump sum payments. If a worker requires any further treatment or care they will need to fund these expenses.
Are dependent family members entitled to any compensation?
Dependent family members may be entitled to receive lump sum payments made at the time a worker’s terminal lump sum benefits are paid.
Who are considered family members?
- A spouse
- a parent, grandparent or step-parent
- a child, grandchild, or step-child
- a brother, sister, half-brother or half-sister
- a person that a worker is acting as the parent to
- a person who acts as a parent to a worker.
Determining financial dependence
For a worker’s family members to be considered as financially dependent, they must be either completely or partially dependent on the worker’s earnings.
Requirement to repay compensation lump sums after receiving a damages settlement
If a worker sues their employer and receives a damages settlement for their condition, their damages settlement or judgement will be reduced by any terminal latent onset lump sums and compensation they have received (i.e. they must pay back the compensation lump sums received from their insurer).
Can a worker keep the latent onset lump sum and the pneumoconiosis lump sum?
No. If a worker has been paid benefits for a terminal condition they are not able to have the pneumoconiosis lump sum payment.