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 [email protected]

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

Download current and past fee schedules