Why a Small Difference in Assessment Could Seriously Affect Lump-Sum Conversation after an Accident

19 July 2017
 Categories: Law, Blog


It can be difficult to deal with the psychological and physical effects of an injury sustained at work without needing to worry about the financial impact as well. However, it's likely that you will have some serious economic repercussions and should pursue compensation as vigourously as possible. As is always the case, each situation is different, and it may be difficult to determine just how much cash you are entitled to. However, did you know that a single percentage point calculation can make all the difference between you receiving a lump sum in compensation versus nothing at all? What do you need to be aware of?

Why a Lump Sum Would Be Beneficial

Sometimes, a serious accident can have a very significant effect on an individual or a family's financial budget. You may have had to make significant payouts to cover such a sudden change in your circumstances, and this may have depleted your cash reserves significantly. In a case like this, a lump sum compensation payout would be very welcome.

Establishing Stability

In order to be eligible, you have to establish certain conditions. Principally, your condition has to be stable, which means that there is not likely to be any deterioration or improvement in your condition in the near future. For most people, this means that it's been several months since the accident occurred and recent history shows this stability.

The Important Examination

The next step is crucial, in that you have to be assessed by a doctor who is approved by the regulators to assess what level of "whole person impairment" you are having to deal with. Various guidelines are set forth by the government to help the doctor determine your situation. A full medical examination will take place, and then any relevant medical reports will be looked at.

Usually, you only get a single chance to prove your whole person impairment. That's why you should ensure that you are as "stable" as possible, because if your condition were to get worse, you may not have the opportunity to get your impairment assessed again.

Making the Claim

It's not unusual for an insurance company to dispute the assessment of a doctor. It's best for you to work with a compensation lawyer who is experienced in these matters and can put forward a very strong case to the insurance company to get them to agree right away.

Dealing with Disputes

There is an opportunity to refer any dispute to a competition commission though, which may involve a separate examination by an independent doctor. He or she would then give a final assessment of whole person impairment.