NSW POLICE ISSUES: 12D ENTITLEMENTS FOR PRE 1988 OFFICERS

Author: Stephanie Posniak

Publish Date: September 22, 2005

Members of the New South Wales Police Force employed before 1988 have entitlements to lump sum compensation for hurt on duty injuries.

On 1 January 2002 changes were made in the way assessments for lump sum compensation are made. These changes generally have reduced the amounts payable to workers.

Lump sum entitlements arise in relation to physical injuries classified as hurt on duty.  However, after 1 January 2002, a category of impairment for psychological injury was introduced.  Workers who are found to have an injury after 1 January 2002 being a psychological injury which is classified greater than 15% whole person impairment are entitled to payment for psychological injury. 

This is of some significance to Police Officers suffering psychological injuries such as Post Traumatic Stress Disorder or Depression arising from their employment.  It is our experience, however, that very few Members are able to achieve the very high threshold set out in the Legislation.

A case study is set out below to highlight the process involved in obtaining lump sum benefits.  It must be remembered that these benefits are in addition to pension entitlements and entitlements for pension increase and can be quite valuable in circumstances where Members are significantly injured.

Case study:

Officer X was injured in the course of her employment and suffered injury to the neck and arm.  The injury occurred in August 2002. 

Once Officer X’s injuries had reached her maximum medical stabilisation, a Doctor’s assessment was obtained.  In this case the assessment was in terms of whole person impairment as the injury arose after the 1st January 2002.  As the assessment provided by the Doctor was greater than 10%, Officer X also became entitled to a claim for additional benefits for pain and suffering.

The lump sum process begins with a letter of demand, accompanied by a medical report, which is served on State Super.  State Super in this case had an independent medical examination.  The assessment came back and State Super determined an entitlement to whole person impairment greater than 10% but less than the original Doctor’s report served on behalf of the Officer. 

In this case the Member accepted the amount.  If she had not been happy with the amount assessed by State Super, she had the right to Appeal this Determination to the District Court within 6 months of the date of the Determination.

As her entitlements exceeded 10% whole person impairment, Officer X then became entitled to an additional amount for pain and suffering.  Assessment of this entitlement requires a detailed submission to be made to State Super in relation to the effect of the injury on every aspect of the Officer’s life.  Again State Super made a Determination in relation to the amount of compensation to be paid. 

Once again in this case the Determination was reasonable and Officer X accepted the amount awarded by State Super.  However, if she had not been satisfied with the results, she had the right to Appeal to the District Court on the issue of quantum within 6 months of the Determination.

As illustrated above, these entitlements over and above pension entitlements can be valuable.  Members are encouraged to seek advice from the Police Association in relation to potential rights for lump sum compensation before they are discharged.

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