Do you know how to calculate your compensation?
When you bring a claim against another person for negligently causing your injury, there are many areas of your life upon which the injury may impact that you need to consider. Below is a very brief example of how damages (or compensation) may be calculated. At McColm Matsinger Lawyers, your claim would be far more detailed when it is submitted to the insurer of the negligent person or employer. If you wish to have an informal chat about your potential claim, please give McColm Matsinger Lawyers a call.
EXAMPLE ONLY – each case is based upon its own circumstances.
|Head of Damage||Method of Calculation||Amount ($)|
|General Damages||The claimant sustained a back injury. Dr Smith has assessed the claimant as suffering from a 15% whole person impairment.
The claimant also suffers from a psychological disorder. Dr Jones has assessed a PIRS impairment of 6%.
WC and R Regs– serious back injury. ISV range 16 – 35.
WC and R Regs – moderate mental disorder. ISV 5.
The claimant has sustained multiple injuries and claims an ISV of 28.
Schedule 12 – general damages $57,350.
|Past Economic Loss||Prior to the accident, the claimant was working full time. He earned approximately $2,358 net per week plus fringe benefits valued at $107.83 per week. As a result of his injury, he is unemployable and has been unable to work since his injury.
84 weeks have elapsed from the date of his injury to 14/3/16. Past economic loss is therefore 84 weeks x $2,465.83 being $207,129.72
|Interest on Past Economic Loss||1.165% pa on $31,255.63 (after deducting the net compensation payments of $175,874.09) x 1.6 years.||$582.60|
|Past Superannuation||9.25% x $198,072 (not on fringe benefits)||$18,321.66|
|Future Economic Loss||As a result of his injury the claimant will remain unemployable.
He was confident of being able to work at least until 69 years of age (another 8 years). He claims $2,465.83 net per week discounted on the 5% tables (multiplier 345.6) less 15% for contingencies.
|Future Superannuation||11% x $700,000||$77,000.00|
|Past Special Damages||Payments by WorkCover
Medicare Refund – $1,851.70
Medicare gap – $854.25
Medication and travel and miscellaneous treatment (global) = $5,000
|Interest on Past Special Damages||1.165% x $5,854.25 (after deducting refunds of 42,876.97) x 1.6 years.||$154.55|
|Future Special Damages||Psychological treatment – $33,290.29
Physical treatment – $29,214.42
Other – travel and miscellaneous – $5,000 (inclusive of lawn mowing services estimated at $30 x 3 occasions)
Sub-total – $67,504.71 less 15% for contingencies.
|Past Gratuitous Care||The claimant has required gratuitous care which is not of a type which he did not previously require or perform himself, i.e. personal care and transport. As such, the claim is not excluded under Section 306G of the Workers’ Compensation and Rehabilitation Act 2003.
The claimant has had paid care on account of lawn mowing. Also the services have been provided in exceptional circumstances for the purposes of S306H.
See attached schedule. 1,190 hours at $28/hour from 17/8/14 to 17/1/16 (and continuing).
|Interest on Gratuitous Care||1.165% x $ 1.6 years||$621.08|
|Future Gratuitous or Paid Care||Claimed conservatively at 5 hours per week at $28 per hour for 25 years (multiplier 753.7), discounted by a further 15%.||$89,690.30|
|Fox v Wood||$5,508.00|
|Less refund to WorkCover||$222,407.36|