NSW Work Injury Claim

NSW Work Injury Claim

Permanent Impairment Reports and WPI in NSW

A permanent impairment report explains how an approved assessor reached a whole person impairment (WPI) percentage.

From 1 July 2026, most workers are generally limited to one principal assessment for the injury or injuries, so independent legal advice is required before the assessment.

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What this document or stage means

Check that every accepted injury and body system is addressed, the current NSW Guidelines are used, the condition is sufficiently stable and the arithmetic can be followed. Surgery or imaging alone does not establish a WPI percentage.

Who prepares or controls it

  • A permanent impairment assessor on the relevant SIRA list examines the worker and prepares the report under the NSW Guidelines and the adopted AMA edition or other specified method.
  • The worker or insurer may arrange the assessment during the current interim process, subject to the post-1 July 2026 requirements.
  • Independent legal advice must be obtained before the assessment so the worker understands how the principal assessment may affect several entitlements.

Why it is part of the claim

  • The injury has a long-term impact and the worker and insurer are considering a principal permanent impairment assessment.
  • A section 66 lump-sum claim, weekly-payment duration, treatment duration or work injury damages threshold may depend on the assessment.
  • The insurer disputes the degree of impairment and has issued a written decision, or the matter is moving toward a PIC medical dispute.

What to check

Injuries and liability

The report should identify each assessed injury, incident and body system. It should not rate an unaccepted injury without explaining the legal assumption or omit an accepted injury without reason.

Maximum medical improvement

The assessor should explain why the condition is stable enough to assess and address planned treatment that could materially change impairment.

Clinical findings and method

Check examination findings, validity testing and the NSW or AMA table, class or method used for each body system.

Deductions and combining

Any deduction for pre-existing impairment should be explained. Separate physical impairments are generally combined using the Combined Values Chart where permitted, not simply added.

Final WPI and reasons

The report should show conversions, combination sequence, rounding and the final percentage. Primary psychological impairment remains separate from physical WPI.

Mistakes or gaps to look for

  • The wrong edition, NSW modification, table, injury date or assessment method.
  • An accepted body part, nerve deficit or consequential condition is omitted.
  • A pre-existing deduction is made without identifying an assessable prior impairment.
  • Physical and primary psychological WPI are added together, or secondary psychological impairment is rated for section 66.
  • AMA5 Chapter 18 pain is used despite its exclusion in NSW workers compensation.
  • The final total cannot be reproduced from the values shown.

Evidence to keep

  • Independent legal advice record and the assessment instructions.
  • Complete treatment history, operative reports, imaging and relevant specialist reports.
  • Earlier injury, impairment or section 66 material where a deduction may be raised.
  • A list of every accepted injury and any disputed body part or consequential condition.
  • The assessor’s report, calculation sheets and any insurer decision or offer relying on it.

What happens next

  1. If the worker and insurer agree, a permanent impairment agreement may be used under the post-1 July 2026 framework. No new pre-reform section 66A complying agreement can be entered after that date.
  2. If the degree is disputed, the insurer must give a written decision and either party may refer the medical dispute to PIC.
  3. A further assessment is available only in limited circumstances, including agreed unexpected material deterioration meeting the current statutory test.

Timing and deadlines

  • Assessment should occur only when the injury is sufficiently stable for the applicable method.
  • The current interim principal-assessment arrangements apply from 1 July 2026 to mid-2027, with further process changes expected after that period.
  • A worker with a qualifying pre-reform impairment assessment who has not claimed lump-sum compensation may face the separate 1 July 2028 claim deadline described by SIRA.

When legal advice may be useful

  • Legal advice is mandatory before a post-1 July 2026 permanent impairment assessment and before entering a permanent impairment agreement.
  • Early advice can identify missing injuries, method errors, the effect on weekly payments and treatment, and whether a PIC medical dispute is needed.

Illustrative example

Illustration: two physical systems and a deduction

A report assesses lumbar spine impairment and a shoulder impairment from the same incident. It then deducts a prior lumbar percentage but gives no earlier clinical findings and adds the remaining values rather than showing the Combined Values Chart.

  • Ask for the evidence and reasoning supporting the prior-impairment deduction.
  • Check the permitted combination method and sequence.
  • Confirm that the final physical WPI remains separate from any primary psychological assessment.

Common questions

Is a WPI report the same as a PIC Medical Assessment Certificate?

No. A WPI report is prepared by an impairment assessor for a party or agreed process. A Medical Assessment Certificate is issued by a PIC Medical Assessor after a dispute is referred.

Can I have another assessment if I disagree?

Not simply because the result is disappointing. Current law generally uses one principal assessment, with further assessment limited to specified circumstances. A dispute may instead need PIC determination.

Are physical and psychological WPI combined?

No. Physical impairment and primary psychological impairment are assessed separately. Secondary psychological impairment is not assessed for section 66 compensation.

Does surgery produce an automatic WPI?

No. The relevant diagnosis, objective findings, function and body-system method determine the rating. Surgery may affect the method or findings but does not create one fixed percentage.

Need help checking a claim document?

Send the decision, report or plan with a short explanation of what has changed. We can assess the dispute and whether an ILARS funding application may be available, subject to eligibility, merits and IRO approval.

Request a free claim checkCall (02) 7233 3661

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NSW Work Injury Claim is the workers compensation service of Stephen Young Lawyers. Stephen Young Lawyers provides the legal service. Stephen Young Lawyers.

Stephen Young Lawyers was established in 2012. The firm is led by Stephen Young, Principal Solicitor and Accredited Specialist in Personal Injury Law.

Workers across New South Wales can arrange telephone or video appointments. In-person appointments can be arranged at the Sydney office when appropriate.

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This information is general in nature and is not legal advice. You should obtain advice about your own circumstances.

Last legally reviewed: . This page provides general information about NSW workers compensation procedure. It is not legal advice, and the correct response may depend on the document, injury date and dispute.

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