NSW Govt clarifies the law for injured workers

The NSW Minister for Innovation and Better Regulation, Victor Dominello, announced the state government will make a new regulation to enable injured workers in NSW, who made a claim for lump sum compensation before 19 June 2012, to make one further claim if their condition significantly deteriorates.

The new regulation is in response to a recent decision, Cram Fluid Power v Green [2015] NSWCA 250.

According to Mr Dominello's statement, the Court found that a "one claim only" limit applies to all injured workers, including the cohort who made a lump sum claim prior to 19 June 2012, under s66 of the Workers Compensation Act 1987 (NSW).

"The Government has acted to clarify the law, providing certainty for injured workers whose claims are affected by the Cram Fluid decision," he said.

The new regulation, which commences in November, will address a potential disadvantage for injured workers who made a claim prior to 19 June 2012, on advice that they could make a further claim if their condition deteriorated.

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