Impairment benefits protocols policy and fees

  • Impairment benefits protocols (IB Protocols) fees
    Payment of legal fees

    The IB Protocols were implemented on 1 March 2002, which included a fee structure.

    The payment of IB Protocol fees are subject to:

    • agent request for the provision of treating doctor information from the workers legal representative
    • provision of treating doctor information prior to the impairment assessment
    • completion and submission of a Solicitor Inquiry Form with the Worker's claim for impairment benefits form*.
    • establishment of the injured workers entitlement to impairment benefits
    • submission of only one itemised bill per claim at the end of the process, which is signified by the acceptance of the Notice of Entitlement

    Fees are not payable on claims resolved solely for hearing loss.

    * Note the Worker's claim for impairment benefits form must be given or served on the Employer, or lodged with WorkSafe in accordance with the Victorian Workers Compensation Legislation. A copy of the claim form, together with the Solicitor Inquiry Form may be sent to the Authorised Agent as notification of the worker's intention to claim.

    Table of fees applicable between 1 March 2002 and 31 January 2008
    Completion and submission of Solicitor Injury Form $150
    Collection and submission of all treating doctor reports $300
    Provision of advice to injured worker regarding common law election $250

    On 1 February 2008 the fee structure within The IB Protocols was reviewed and adjusted to reflect legislative changes to the Impairment Benefits claim process and to provide incentive payments to Legal representatives for improved benefit delivery to workers.

    The following table of fees was applicable to all:

    • worker's response forms received by the Agent between 1 February 2008 and 31 January 2009 accepting the initial Notice of Entitlement; or
    • Medical Panel opinions dated between 1 February 2008 and 31 January 2009.
    IB impairment percentage Fee base Additional fee if accepted response within 60 days of NOE* Additional fee if accepted response within 30 days of NOE* Additional fee for Medical Panel referral which results in a greater NOE*
    < 30% / compensation under the No Disadvantage table $700 $50 increase [$750] $200 increase [$900] $300 increase [$1,000]
    > than or = to 30% $920 $50 increase [$970] $200 increase [$1,120] $300 increase [$1,220]

    * NOE: Notice of Entitlement

    • There is only one additional fee payable
    • If a matter is referred to the Medical Panel and the monetary entitlement defined within the initial NOE is less than or equal to the monetary entitlement within the Medical Panels NOE, no additional fee is payable
    • These fees will be indexed annually
    • All amounts are GST inclusive
    • WorkSafe will apply an allowance of 3 days to cover mailing of the Notice of Entitlement.

    In accordance with the re-structured fee schedule the IB Protocol fees are indexed annually. The following table displays the 1 February 2017 fee together with the indexed fees, effective 1 February 2018.

    The indexed fees are applicable to all:

    • worker's response forms received by the Agent on or after 1 February 2018 accepting the initial Notice of Entitlement; or
    • Medical Panel opinions dated on or after 1 February 2018.

    Impairment benefits protocols fees

    Pursuant to section 5.2 of the Impairment Protocol document

    Item number Fee Description - Payment Type 239 Fee effective date#
    1 Feb 2017 1 Feb 2018
    2963
    • < 30%/ compensation under the No Disadvantage table
    • Workers response received by agent > 63 days after date of NOE
    $871 $884
    2933
    • < 30%/ compensation under the No Disadvantage table
    • Workers response received by agent > 33 days and < 64 days after date of NOE
    $933 $947
    2934
    • < 30%/ compensation under the No Disadvantage table
    • Workers response received by agent < 34 days after date of NOE
    $1110 $1126
    3063
    • ≥ 30%
    • Workers response received by agent > 63 days after date of NOE
    $1140 $1157
    3033
    • ≥ 30%
    • Workers response received by agent > 33 days and < 64 days after date of NOE
    $1200 $1208
    3034
    • ≥ 30%
    • Workers response received by agent < 34 days after date of NOE
    $1410 $1431
    MPNIL
    • Medical Panel entitlement ≤ NOE
    $871 $884
    MP29
    • < 30%/ compensation under the No Disadvantage table
    • Medical Panel entitlement > NOE
    $1220 $1238
    MP30
    • ≥ 30%
    • Medical Panel entitlement > NOE
    $1520 $1542

    # The indexed Impairment Protocol fees apply to all:

    1. Worker's response forms received by the Agent on or after the Fee Effective Date, accepting the initial Notice of Entitlement; or
    2. Medical Panel opinions dated on or after the Fee Effective Date.

    Note: payment of the Impairment Protocol fees is subject to all conditions and requirements as specified within the Impairment Protocol document, re-released 1 February 2008. This includes, but is not limited to, the provision of a Solicitor Enquiry Form, all treating medical practitioner reports and/or records at the request of the Agent and prior to the workers attendance at the independent impairment assessment.

    GST: all Impairment Protocol fees are inclusive of GST.

    Invoicing requirements

    To enable the prompt process of fees, please ensure invoices are itemised and quoting:

    • Payment Type 239 and the relevant Item Number xxxx
    • WorkSafe practice ID Lxxx and/or provider number if possible.

    WorkSafe contact:

    Impairment Benefits Team
    WorkSafe Victoria
    Ph: 9641 1055
    Fax 9641 1784
    Email Ib_helpdesk@worksafe.vic.gov.au

    Claims contact: for claims specific enquiries please contact the relevant Authorised Agent.

    Download impairment benefits protocol fees [PDF, 148kb]

    Download impairment benefits protocol fees [PDF, 148kb]

    View fee schedules from previous years

  • Impairment benefits protocols (IB Protocols) policy
    Impairment Protocols

    The Impairment Protocols (The IB Protocols) establish best practice procedures for Authorised Agents and Injured Worker's Legal representatives to follow regarding the management of Impairment Benefit claims. The IB Protocols are designed to provide a more accurate assessment of permanent whole person impairment, by aiding the collection of treating doctor information at the beginning of the claim, and to improve the timeliness of delivering impairment benefits to injured workers.

    Treating doctor information

    The IB Protocols provide for the provision of treating doctor information, by the worker's legal representative, at the specific request of the Authorised Agent. Treating doctor reports should include as a minimum requirement:

    • diagnosis of injury or condition
    • specifics regarding frequency and extent of treatment
    • confirmation of extent of any pre-existing impairment or disability.
    Payment of disbursements

    The reasonable costs of treating doctor reports will be reimbursed in accordance with the Victorian Workers Compensation Legislation, dependent upon:

    • provision of the report and a copy of original invoice from the treating doctor prior to the impairment assessment
    • satisfaction of requirements.

    No payment will be made for medico-legal reports unless exceptional circumstances apply and the Authorised Agent has given prior approval for the reasonable cost of the report. Each medical report and invoice, and any covering letter, should be clearly identified as being submitted for the purpose of the impairment benefit claim, or marked to the attention of the impairment benefit team.

    Download impairment protocols explanatory memorandum [PDF, 115kb]

    Download impairment protocols explanatory memorandum [PDF, 115kb]

    Download impairment protocols solicitor form [PDF, 58kb]

    Download impairment protocols solicitor form [PDF, 58kb]

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