Lump sum payments for pneumoconiosis injuries and latent onset injuries
If you’ve experienced a work-related latent onset injury that’s led to a terminal condition or a disease that's considered to be a form of pneumoconiosis you might be entitled to what’s called ‘lump sum compensation’.
What does this mean for me?
A lump sum is a single payment made at one particular time instead of a number of smaller payments over time.
What is a 'latent onset’ injury?
A latent onset injury is a condition caused by exposure to something (e.g. the sun or a chemical) but that takes a long time to make a person sick. Examples include:
- skin cancer
- asbestos diseases
- mine dust lung diseases
- firefighter’s cancers
- silicosis resulting from exposure to manufactured stone.
What is pneumoconiosis?
The following conditions are considered to be pneumoconiosis;
- coal workers’ pneumoconiosis (CWP or black lung)
- mixed dust pneumoconiosis
- silicosis
- progressive massive fibrosis
- asbestosis.
If you are diagnosed with a condition that is considered to be a form of pneumoconiosis you can be assessed for a lump sum payment amount. The amount payable is determined by your pneumoconiosis score which is calculated using the ILO reading performed on your chest x-ray.
This lump sum is only payable after your overall permanent impairment is assessed.
What is a 'terminal condition'?
A terminal condition is a condition that is expected to end a person’s life. Workers with a terminal condition may be able to receive a lump sum payment.
If I have a terminal condition, what benefits am I entitled to receive?
The Workers’ Compensation Regulator publishes the lump sum payment amounts each year. The latent onset terminal payment is reduced by any weekly benefits, lump sums, redemption payments or damages that you have already received. It is also reduced for workers who are over 70 years of age.
Will my compensation benefits stop?
Once WorkCover Queensland has paid your lump sum for a terminal condition, your claim will close, and you will not be entitled to any ongoing compensation. This includes medical expenses, loss of wages or additional lump sum payments. If you require any further treatment or care you will need to fund these expenses.
I have a family who are dependent on my income. Will they be entitled to any compensation?
They may be entitled to receive lump sum payments made at the time your terminal lump sum benefits are paid.
Who is considered to be a member of my family?
- Your spouse
- your parent, grandparent or step-parent
- your child, grandchild, or step-child
- your brother, sister, half-brother or half-sister
- a person that you are acting as the parent to
- a person who acts as a parent to you.
How do I know if a member of my family is financially dependent on me?
For family members to be considered as financially dependent on you, they must be either completely or partially dependent on your earnings.
If I sue my employer and receive a damages settlement, do I have to pay back the compensation lump sums I have received from WorkCover Queensland?
Yes, if you receive damages for your condition, your damages settlement or judgement will be reduced by any terminal latent onset lump sums and compensation you have received.
Can I have the latent onset lump sum and the pneumoconiosis lump sum?
No - if you have been paid benefits for a terminal condition you are not able to have the pneumoconiosis lump sum payment.