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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Workers compensation – worker with highest needs

Section 32A of the WORKERS COMPENSATION ACT 1987 defines a worker with highest needs as a worker whose injury has resulted in permanent impairment that has been assessed or the insurer has agreed is 31% or more.

A worker with 31% or more permanent impairment has certain rights including:

  • Being eligible for a minimum weekly payment of compensation currently $854 per week, which is indexed in April and October yearly. It becomes payable from the date of assessment or agreement of impairment. It is payable for periods of incapacity from 17 September 2012. Importantly, in most circumstances the minimum amount will be payable by the insurer, regardless of earnings.
  • Provided the worker continues to provide certificates of capacity, certifying their ongoing incapacity they are entitled to weekly payments until retirement age and reasonable and necessary medical expenses for life.
  • An insurer cannot conduct a work capacity assessment unless the insurer thinks it appropriate to do so AND the worker requests it.

Given these rights, if a worker has previously agreed with the insurer as to their level of impairment without being assessed and their injuries significantly deteriorate, the worker may be able to apply to the Workers Compensation Commission (“the Commission”) for a referral to an Approved Medical Specialist (“AMS”) for assessment of whether their degree of permanent impairment is 31% or more in order to determine if the worker now satisfies the definition of a worker with the highest needs.

Such an application was recently made by a worker in the case of Xenicas v ARB Corporation Limited [2020] NSWWCC 413. In this case Mr Xenicas and the insurer had previously agreed his level of impairment was 20% resulting from an injury in 2018. He had not been assessed by an AMS at that time. He then applied to the Commission to be referred to an AMS for a determination of whether his impairment was 31% or more to determine whether he met the definition of a worker with the highest needs.

The insurer disputed the Commission had jurisdiction to refer Mr Xenikas to an AMS for assessment of permanent impairment submitting Section 322A of the Workplace Injury Management and Workers Compensation ACT 1998 applied which states that only one assessment may be made of the degree of permanent impairment of an injured worker.

Mr Xenikas argued that the previous agreement of 20% done by way of consent orders was not an assessment, that no medical assessment certificate had been issued and that it was not a determination of the Commission. The Arbitrator agreed stating the consent orders were not “an assessment of the degree of permanent impairment of the worker because the orders were made in accordance with the agreement of the parties.” Mr Xenikas was referred to an AMS to determine whether his level of permanent impairment is 31% or more to determine whether he is a worker with the highest needs.

The above highlights the need to instruct experienced workers compensation solicitors to ensure a worker’s rights are maximised.

If you have been impacted by a workplace accident, one of our expert solicitors can provide you with advice in a free initial consultation. Please call our office on (02) 4050 0330 or book an appointment online for a confidential discussion about your options.

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