Part Four-Non-Economic Loss
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
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Example |
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An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss
Interim Impairments That Become Final Impairments
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/interim-impairments-become-final-impairments
Non-Economic Loss Questionnaire
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire
Sections Of The Form
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire/sections-form
Section For Pain And Suffering
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire/section-pain-and-suffering
Section For Loss Of Amenities
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire/section-loss-amenities
Section For Other Loss
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire/section-other-loss
Summary
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire/summary
Section 4 - Certification
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire/section-4-certification
Section 5 - Doctor'S Section
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/non-economic-loss-questionnaire/section-5-doctors-section
Assessment According To The Legislation
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/assessment-according-legislation
Section 27
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
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An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/assessment-according-legislation/section-27
How Ratings Translate Into Dollars
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/assessment-according-legislation/how-ratings-translate-dollars
Final Calculation
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/final-calculation
Calculating The Non-Economic Loss
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/final-calculation/calculating-non-economic-loss
Formal Determination
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/formal-determination
Advising The Employee
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/formal-determination/advising-employee
Advising The Employer
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/formal-determination/advising-employer
NEL For Fingers, Toes And Loss Of Senses
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/formal-determination/nel-fingers-toes-and-loss-senses
Damages
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/damages
Section 44
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/damages/section-44
Section 45
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/damages/section-45
Electing To Institute Proceedings
Non- economic loss is defined in section 4 of the Act as:
“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.
For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment. Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.
This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached. In addition, for compensation to be payable for NEL, the employee must be aware of the loss.
|
Example |
|
An employee in a coma would not be entitled to compensation for NEL. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-thirteen-permanent-impairment/part-four-non-economic-loss/damages/electing-institute-proceedings