COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS
BENEFITS
BENEFITS
COMMONWEALTH*
VICTORIA
NEW SOUTH
SOUTH 
WALES
AUSTRALIA
Type of loss
Non economic loss
Economic and 
Economic only
N/A
limited to $110,000
non economic
Seacare: $138,570.52
Unlimited amount for
claim by dependants
Election between
statutory amounts for
permanent impairment
and non economic loss
Threshold for
Subject to state/territory
Impairment threshold
If a worker wishes to
N/A
common law
legislation
Injury before 12/11/97
pursue a damages
Actions available for
claim, they must be
`seriously injured'
able to prove that their
workers whether
employer was
through narrative test
negligent and that
or
their injury was their
  30% impairment
employer's fault. The
(AMA2)
worker will need to
obtain an assessment
Injuries between
from a medical
12/11/97 and 19/10/99
assessor to determine
No common law
if they are over the
available
`serious injury'
threshold. If the
Injury after 19/10/99
worker has more than
Actions available for
15% permanent
`seriously injured'
impairment (using the
workers, whether
WorkCover Guides for
through narrative test
the Evaluation of
or
Permanent
  30% impairment
Impairment), they may
(AMA4)
then commence
common law action.
Minimum monetary
threshold 
Pecuniary Loss: $38,670
Pain and Suffering:
$36,730 if injury before
12/11/97
$35,340 if injury after
19/10/99
* Unless otherwise stated,
information provided
applies to both Comcare
and Seacare
Heads of Workers' Compensation Authorities  32
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