Section 151H — Workers Compensation Act 1987 (NSW)

(1) No damages may be awarded unless the injury results in the death of the worker or in a degree of permanent impairment of the injured worker that is at least 15%.
(2) In assessing whether the 15% threshold has been met (that is, whether the degree of permanent impairment resulting from an injury is at least 15%)—
(a) impairment resulting from physical injury is to be assessed separately from impairment resulting from psychological injury, and
(b) in assessing impairment resulting from psychological injury, no regard is to be had to impairment that results from a secondary psychological injury, and
(c) the 15% threshold is not met unless the degree of permanent impairment resulting from physical injury is at least 15% or the degree of permanent impairment resulting from psychological injury is at least 15%.
(3) In assessing the degree of permanent impairment that results from a physical injury, no regard is to be had to any impairment or symptoms resulting from a psychological injury.
(4) The degree of permanent impairment that results from an injury is to be assessed as provided by this section and Part 7 (Medical assessment) of Chapter 7 of the 1998 Act.
(5) In this section—
psychological injury includes psychiatric injury.
secondary psychological injury means a psychological injury to the extent that it arises as a consequence of, or secondary to, a physical injury.

Related sections

• s 151E — Application—modified common law damages
• s 151F — General regulation of court awards
• s 151G — Only damages for past and future loss of earnings may be awarded
• s 151I — Calculation of past and future loss of earnings
• s 151IA — Retirement age
• s 151J — Damages for future economic loss—discount rate

Research how courts apply s 151H

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