56—Lump sum payments—economic loss
(1) Subject to this Act, if a worker, other than a seriously injured worker, suffers a work injury resulting in permanent impairment as assessed under Part 2 Division 5, the worker is entitled (in addition to any entitlement apart from this section) to compensation for loss of future earning capacity by way of a lump sum.
(2) An entitlement does not arise under this section if the worker’s degree of whole person impairment from physical injury is less than 5%.
(3) An entitlement does not arise under this section in relation to—
(a) a psychiatric injury or consequential mental harm
58—Lump sum payments—non-economic loss
(1) Subject to this Act, if a worker suffers a work injury resulting in permanent impairment as assessed under Part 2 Division 5, the worker is entitled (in addition to any entitlement apart from this section) to compensation for non-economic loss by way of a lump sum.
(2) An entitlement does not arise under this section if the worker’s degree of whole person impairment from physical injury is less than 5%.
(3) An entitlement does not arise under this section in relation to a psychiatric injury or consequential mental harm.
Michael – see Division 5 of Part 2 of the RTW Act.
Robert
Thanks Robert,
In Resources I have excerpted relevant sections of the Act including the section you mentioned. So no lump sum payments for psychiatric injury but ongoing payments for those workers with a psychiatric impairment of 30% or more when the psychiatric injury is due to ‘pure mental harm’ or in other jurisdictions is described as ‘primary psychiatric impairment’ or ‘impairment not secondary to physical injury’.