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How this assessment usually works
Respiratory and dust disease assessment usually turns on diagnosis, lung function, imaging, exposure history, medical stability and whether work materially contributed to the condition. The evidence needs to show both impairment and the occupational pathway.
The assessor does not decide legal liability. The assessment is a medical opinion about permanent impairment under the NSW workers compensation guidelines. The legal importance is what the percentage does to Section 66, weekly payments, medical expense time limits, settlement strategy or work injury damages preparation.
Step 1
Accepted injury
Check the accepted injury wording, body system and mechanism before looking at the percentage.
Step 2
Medical method
Check whether the correct NSW guideline method, clinical findings and records were used.
Step 3
Claim effect
Check what the WPI percentage changes before accepting a report or settlement position.
How the assessment pathway is usually built
A useful WPI report should show its working. For respiratory and dust disease, the pathway usually needs these steps before anyone relies on the percentage.
Identify the accepted respiratory condition: occupational asthma, irritant-induced disease, lung cancer, chemical exposure, fumes, dust exposure, asbestos-related condition, silicosis or another lung disease pathway.
Check whether the condition belongs in the ordinary workers compensation impairment guideline or is affected by NSW dust diseases legislation. Pneumoconiosis-type conditions can require separate handling.
Confirm diagnosis, stability, treatment and pulmonary function testing. Respiratory assessment is usually evidence-heavy and should not be based only on symptoms.
Build the exposure chronology: substance, duration, intensity, PPE, ventilation, monitoring, safety data sheets, work tasks and non-work exposure.
Review apportionment carefully where smoking, pre-existing disease, infection, age or non-work exposures are raised.
Assessment method points from the NSW guideline
These points are not a self-calculation tool. They are practical checks for whether the WPI report is using the right body-system method and reasoning.
Respiratory assessment may involve AMA5 Chapter 5 methods, but the report must still address the accepted occupational exposure or disease pathway.
The NSW guideline says the respiratory chapter is subject to NSW modifications and that the Guidelines take precedence over AMA5 where they differ.
Occupational asthma assessment requires careful longitudinal evidence, including lung function testing over time and treatment compliance issues.
Some dust disease pathways, including pneumoconiosis-type conditions, are excluded from the ordinary respiratory chapter because they are dealt with under dust diseases legislation.
Lung cancer impairment timing and method can differ from other respiratory conditions and may require assessment after treatment has stabilised.
Respiratory disorders often rely on pulmonary function testing, medication requirement, imaging and specialist explanation rather than a simple symptom score.
Smoking, pre-existing disease or non-work exposure should be addressed with evidence rather than assumptions.
Work restrictions from breathlessness, irritant avoidance or medication effects may affect capacity even where WPI is still being investigated.
What can change the WPI percentage
The final percentage can move because of method selection, objective findings, surgery, pre-existing deduction, or how multiple impairments are combined. These are the practical pressure points for this injury type.
- Pulmonary function results performed under standard conditions and interpreted by an appropriate specialist.
- For occupational asthma, repeated lung function evidence over time, treatment compliance and maximal treatment issues can be important.
- Imaging, respiratory specialist opinion, medication requirements and functional limitation.
- The relationship between exposure history and disease pattern.
- Any deduction or apportionment for non-work causes, explained with medical reasoning rather than assumption.
What the assessor usually checks
- accepted diagnosis: asthma, silicosis, asbestosis, occupational lung disease or chemical exposure injury
- lung function testing, imaging and respiratory specialist reasoning
- work exposure history, duration, controls, PPE and safety documents
- whether symptoms and function have stabilised enough for assessment
- how smoking, pre-existing disease or non-work exposure is handled
Evidence that may help
A useful WPI report depends on the material the assessor receives. These records often matter for respiratory and dust disease:
- respiratory physician reports, lung function testing and chest imaging
- workplace exposure records, safety data sheets, dust monitoring or PPE records
- GP notes recording symptoms, medication, flare-ups and work triggers
- employment history describing tasks, substances, dust, fumes or confined spaces
- records of hospital attendance, treatment escalation or work restriction
Common insurer or report disputes
- the insurer attributes symptoms to smoking or non-work disease
- exposure history is incomplete or undocumented
- testing is done before the condition stabilises
- work restrictions are treated as temporary despite persistent lung impairment
- the assessment does not explain causation or apportionment
Report cautions before relying on the percentage
Report red flags
- The report treats every respiratory symptom as smoking-related without analysing workplace exposure.
- The report ignores safety data sheets, exposure monitoring, PPE records or co-worker evidence.
- A dust disease condition is handled as an ordinary generic lung complaint without considering the correct NSW pathway.
- Pulmonary function is abnormal but the report does not explain causation, reliability or whether the condition is stable.
Method and reliance checks
- Does the respiratory specialist connect test results to functional impairment and work exposure?
- Were safety data sheets, exposure records, dust monitoring or PPE records considered where available?
- Is the condition stable enough for permanent assessment?
- Does any apportionment explain the medical basis?
- Does the report identify whether dust diseases legislation or a different compensation pathway may be relevant?
- If asthma is assessed, does the report address repeated testing, maximal treatment and compliance rather than relying on one test?
- Respiratory disease claims can involve long exposure periods and multiple employers, so chronology matters.
- A diagnosis and a WPI percentage are separate questions from liability and contribution.
- Work restrictions from breathlessness, irritant avoidance or medication effects may affect capacity even before WPI is final.
Guideline notes
- NSW respiratory assessment draws on AMA5 Chapter 5 subject to NSW guideline control.
- The NSW guideline excludes some pneumoconiosis assessment from the ordinary respiratory chapter because dust diseases legislation may apply.
Questions to ask when the report comes back
How this connects to thresholds and strategy
SIRA says permanent impairment compensation generally requires 11% or more permanent impairment for physical injury, and 15% or more for primary psychological injury. Secondary psychological injury is treated differently. Those thresholds are not a payout promise; they are eligibility and strategy checkpoints that need to be applied to the accepted injury and current evidence.
A low WPI opinion may also affect weekly-payment planning, treatment time-limit issues, dispute posture, and whether work injury damages threshold advice is required. The safest approach is to review the method, evidence and consequences before signing or letting the insurer rely on a weak assessment.
Questions workers often ask
Is respiratory and dust disease assessed the same way as every other injury?
No. NSW permanent impairment assessment depends on the accepted injury, body system, medical evidence, maximum medical improvement and any NSW-specific guideline modification. The assessment method for respiratory and dust disease should be checked against the injury actually accepted in the claim.
Can I calculate the WPI percentage myself?
No. A trained permanent impairment assessor must perform the assessment. A worker can still check whether the report used the correct injury description, records, body system, causation assumptions and deduction reasoning.
What if the insurer report seems too low?
Ask for the report and the material sent to the assessor. For respiratory and dust disease, compare the report against treating records, imaging, specialist material, work duties and certificates of capacity before accepting the percentage or relying on it for settlement strategy.
Does maximum medical improvement matter?
Yes. SIRA guidance says permanent impairment assessment should occur when the condition has stabilised and is unlikely to change substantially in the next year with or without treatment. If treatment is incomplete, the timing may need review.
General information only
This information is general in nature and is not legal advice. You should obtain advice about your own circumstances before relying on a WPI percentage, accepting a lump sum offer, or responding to an insurer decision.
Reviewed by NSW Work Injury Claims - a branch of Stephen Young Lawyers.
Related injury and impairment pages
Need a WPI assessment checked?
If the percentage does not match the accepted injury, treatment history, imaging, surgery, work duties or current restrictions, get the report checked before accepting the insurer position.