Man considers selling home as EML deems him 'not disabled enough'

It's been a hard couple of years for the man following the fall that cost him almost "everything" in his life.

He can't sit too long, he can't stand too long, he can't drive or do much of anything other 55-year-olds can do very easily and yet, he says, his workers compensation payments have been ceased because he was deemed "not disabled enough".

"With workers compensation these days, it only lasts five years for majority of people unless you're injured enough then they extend it," Mr Silversides said.

The former car salesman who recently underwent an evaluation as he reached the five-year-mark, said he was not happy with the doctor's verdict.

"I was in the doctor's office for nine minutes, he didn't even touch me or look at my X-rays," he said.

"The insurance wants to get rid of me, wants to get me off their books."

The man from Dapto, in NSW's Illawarra region, who's dealt with several medical issues stemming from that one fall, believes he should be compensated for the life-altering injury.

"I used to be such an outgoing person before, I had a job where I was always on my feet and now I'm pretty much stuck in a chair," he said.

Mr Silversides has been without income since January and with soaring prices he fears he won't be able to sustain himself for much longer.

"I've had to dip into my savings and I'm going through them quite quickly," he said.

"I think I'm going to lose my house soon because my mortgage is $500 a week."

The 55-year-old's life now revolves around his injury and he believes he is actually in a much worse position than he was five years ago.

"My right knee is the one that's been replaced but over the years it's my left leg on which I've put all my weight and a couple of years ago my left knee also collapsed," he said.

"My left knee is buggered but the insurance company won't recognise that it's a direct result of the fall."

Mr Silversides also applied for Centrelink three months ago but is yet to receive a payment.

ALSO IN THE NEWS:

Shine Lawyers Senior Associate Natalee Davis said according to section 39 of the Workers Compensation Act of 1987, weekly payments are available for a maximum of 260 weeks or roughly five years, but there are exceptions.

"There are some exceptions though and the main one is when a worker is assessed at having a level of impairment of 21 per cent or more," she said.

"When we are talking about injuries the system inherently is quite reductive because what it purports to do is reduce an injury and the worker's entire lived experience and disabilities and impairments arising from that injuries down to a number."

Ms Davis said in order to continue receiving the weekly payments, workers must fall above the 21 per cent impairment threshold.

"Something that I often see is that there is always a difference in assessment of an insurance company's doctor and the doctor that we choose on behalf of the worker," she said.

"It is very common to have disputes about the level of impairment. However, if an insurer says you are under 21 per cent it does not mean you are under 21 per cent, you have a right to have that investigated yourself."

The Mercury has contacted Mr Silversides' insurance company EML and is still awaiting a response.