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compensable injury


list of compensable injuries

The Schedule of Injuries lists all injuries for which compensation may be awarded. If you have not received an injury listed in the Schedule then you will not be eligible for compensation.

Read more about compensable injuries

 

proving that you have been injured

To claim compensation, you have to prove that you have sustained a compensable injury.

If you are claiming category 1 or 2 psychological or psychiatric disorder, a report needs to be submitted from an Authorised Report Writer (ARW) - see below.

For other compensable injuries, you should provide medico-legal reports, hospital records, x-ray results or other documents demonstrating that you have received the injury such as photographs of scarring. Medico-legal reports should be written by a professional who is qualified to make the particular diagnosis. Payment for the reports will be considered by the Assessor at the time of the determination (decision) of your application.

Read more about reports required by Victims Services

Read more about compensable injuries

 

'category 1 or 2 Psychological or Psychiatric Disorder'

Category 1 & 2: The compensable injury of ‘psychological or psychiatric disorder’ was added to the Table of Injuries under the Victims Compensation Amendment Act 1998. There are 2 categories in this new compensable injury:

(a) Category 1 – chronic psychological or psychiatric disorder that is moderately disabling $7,500 -15,000

(b) Category 2 – chronic psychological or psychiatric disorder that is severely disabling $30,000 - 50,000

N.B. 7 April 1999 to 30 May 2000 - if the application was lodged in this period, either category 1 or 2 psychological or psychiatric disorder can be claimed. As claims lodged in this period are not subject to the threshold, the award for category 1 is $5,000-$15,000. 31 May 2000 - if the claim was lodged on or after this date, category 1 can only be claimed if the act of violence was armed robbery, abduction or kidnapping. Category 2 can be claimed for all acts of violence. (Victims Compensation Amendment Act 2000)

To claim Category 1 or 2 psychological or psychiatric disorder, a report needs to be submitted from an Authorised Report Writer (ARW). If you wish to claim this compensable injury, you will need to nominate an ARW and put his or her name on your application form.

Read the Chairperson's Practice Guide on Psychological or Psychiatric Disorder

 

the Authorised Report Writer (ARW) Scheme

To claim Category 1 or 2 psychological or psychiatric disorder, a report needs to be submitted from an Authorised Report Writer (ARW). An ARW is a qualified person who will write a written assessment of your condition to assist the Victims Compensation Tribunal in determining whether the compensable injury of Psychological or Psychiatric Disorder has been established.

If you wish to claim this compensable injury, you will need to nominate an ARW and put his or her name on your application form. The Tribunal will contact you and the ARW separately to advise that approval has been given for an appointment to be made. Please note that the Tribunal's prior approval is required before an appointment can be made to see an ARW.

Locate an ARW within NSW.

Locate ARWs outside NSW

Read more about the ARW Scheme

Frequently asked questions about the ARW Scheme

 

'sexual assault' / 'domestic violence'

If the applicant is a victim of sexual assault or domestic violence, s/he can claim either:

(a) The compensable injury of ‘sexual assault’ or ‘domestic violence’. An ARW report is not required, but the applicant must establish an ‘injury’ (see the definition of 'injury' contained in the Dictionary to the Act) with relevant reports e.g. hospital notes or medico-legal reports establishing physical injury or a report from a person qualified to make an psychological or psychiatric assessment; or

(b) Category 1 or 2 psychological or psychiatric disorder if the claim was lodged between 7 April 1999 and 30 May 2000. If the claim was lodged on or after 31 May 2000, only Category 2 psychological or psychiatric disorder can be claimed. If the applicant is claiming for one of these injuries, an ARW report is required.

Read the Chairperson's Guide to the compensable injuries of sexual assault and domestic violence

 



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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 19 March 2003