ECA provides comprehensive range of assessment services designed to address the modified common law criteria relevant to s13 of the Civil Liability Act.
- integrated earning capacity assessments,
- vocational assessments,
- labour market and earnings assessments,
- as well as stand alone physical and psychological functional assessments to address specific issues around capacity for work.
ECA assessment services are prepared by experts in their field and are specifically designed to meet expert evidence requirements.
Below is a list of the customised ECA assessment services for NSW Civil Liability Act claims.
“Buffers” - Claims for future economic loss
One of the challenging issues in the resolution of Civil Liability Act claims are claims for future economic loss.
When a person claims that they have suffered a personal injury - physical and/or psychological - a major issue in resolving that claim is assessing the loss, if any, to their future capacity to earn income as a result of the injury.
This is often a difficult issue because while it may be reasonably clear that the person is unable to perform their pre-injury job, it is rarely clear what alternative forms of work they may still be able to perform and earn income from performing.
Resolving the issue of alternative suitable work may involve assessing physical and/or psychological capacity for work, education, training and experience and where the person lives.
Each of those issues involves distinct areas of expertise and the experts need to work closely to produce a final assessment of capacity to earn.
A single Civil Liability Act 2002 integrated earning capacity assessment
Many of our clients find that an ECA fully integrated earning capacity report is the most effective way of responding, with substantive expert evidence, to claims arising from a loss of future earning capacity.
An integrated assessment of earning capacity means that a claim for a “buffer” for future economic loss can be met with a detailed expert assessment of what the reduction in earning capacity, if any, as a result of injury is likely to be.
Depending on requirements the issues addressed by the integrated earning capacity assessment report may include:
- Assessment of physical capacity for work by an Occupational Physician
- Assessment of psychological capacity for work a Registered Psychologist
- Assessment of education, training and experience and transferable skills
- Selection of work options that are suitable having regard to capacity for work and other vocationally relevant factors
- Investigation of relevant labour markets for the identified suitable work options
The assessments of physical and psychological capacity include
- Medical history and treatment received
- Injuries reported
- Current symptoms
- Physical requirements of pre-injury work or duties
- Current capacity reported
- Review of radiology and other investigations supplied for the assessment
- Physical and functional examination
- Assessment of restrictions to be observed when working or performing routine activities
- Ability to work full time or part time hours
- Ability to travel
- Ability to perform pre-injury work or routine activities
This provides you with an assessment of suitable work options where the work options have been specifically assessed and approved by medical, psychological and vocational experts.
Each work option is the subject of a detailed Labour Market Investigation report that demonstrates what are the current earnings for the position in the reasonably accessible labour market.
Other Civil Liability Act assessment services to answer specific questions
In some situations a full integrated earning capacity assessment is not required or practical and instead you may prefer an answer to a specific question or issue:
- What is the current fitness or capacity for work?
- What are suitable work options given the existing medical material on file
- What is the level of activity and earnings in the reasonable accessible labour market for specified work options?
For each of these questions or requirements we have assessment services that are specifically designed to answer the questions you need answered.
If you unsure whether a listed assessment service matches your requirements please call as our technical team are experienced in working with our expert consultants to produce reports structured to meet your precise requirements.
What do the Civil Liability Act assessment reports involve?
Depending on the injuries to be assessed the assessments may involve:
- A physical examination by one of our Occupational physicians.
- A psychological examination by one of our Registered Psychologists
- An interview by one of our vocational consultant to assess vocationally relevant factors
In most cases all of the assessments can be scheduled to take place on the same day at the same location.
If possible you should provide us with the medical/treatment file for the subject of the assessment.
How to order
Ordering an ECA Civil Liability Act assessment service is very easy.
You can call us on 1300 72 34 71
Just press the “Book Report” button and complete our simple on-line booking form.
A member of our team will then call you to discuss your requirements and to make an assessment booking.
If you have any questions do not hesitate to call and ask to speak to a member of our team.
For some of our products we have de-identified sample reports available for review. Please contact our office if you are interested in seeing a de-identified sample report.