Workers Compensation and Exempt Workers

Exempt workers are certain classes of workers who are not covered by most of the provisions of the workers compensation acts in New South Wales (NSW) and are thus subject to different practice in terms of workers compensation.

Who are exempt workers?

Police officers, paramedics and firefighters are considered exempt workers within the compensation scheme of NSW. Exempt workers are entitled to claim different benefits in case of a work-related injury than other classes of workers. Basically, weekly and lump sum payment benefits that all workers within the scope of workers compensation in NSW may be eligible to claim in case of a work-related injury are calculated and granted on a different basis for exempt workers.

Weekly Payments

As an exempt worker, you may be entitled to weekly payments as a result of a total or partial work-related injury. The amount of weekly payments you receive will be calculated by the insurer.

NSW Workers Compensation Statutory Rates: Weekly payment amounts for exempt workers are governed by NSW statutory rates. The insurer calculates payments based on your pre-injury average weekly earnings (PIAWE) and the degree of your incapacity.

Incapacity Period Benefit Amount Conditions
First 26 weeks Up to 100% PIAWE Total or partial incapacity
Weeks 27-130 Up to 80% PIAWE (total); 95% PIAWE (partial) Subject to insurer review
After 130 weeks Determined by insurer No 20% WPI threshold for exempt workers

Workers Compensation Lump Sum Payments in NSW

Only exempt workers become eligible to claim lump sum compensation if their physical injury is more than 0% whole person impairment. A claim for lump sum compensation can also be made in case of a psychological injury that is assessed at 15% or more for all workers.
As an exempt worker, you may also be eligible to receive lump sum payment for pain and suffering caused by your work-related injury. To be able to claim lump sum compensation for pain and suffering, there must be 10% permanent impairment or more.

Physical Injury

Eligible from 0% whole person impairment

Psychological Injury

Lump sum available at 15% or more WPI

Pain & Suffering

Claimable at 10% or more permanent impairment

Multiple Claims

May claim more than one lump sum payment

The insurer will require some information from you when you are making a claim for permanent impairment. When the insurer has all the information, they should respond to your claim within one month.

Making an Exempt Worker Claim

  • 1
    Report the injury to your employer as soon as possible.
  • 2
    See a doctor and obtain a medical certificate.
  • 3
    Lodge your claim with the relevant insurer.
  • 4
    Contact an experienced workers compensation lawyer to ensure maximum entitlements.
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Maximum Lump Sum Payout

Frequently Asked Questions

Get Help With Your Exempt Worker Claim
The team at Withstand Lawyers has assisted hundreds of exempt workers with their workers compensation claims. We are conveniently located in Sydney & Parramatta.
Call us on 1800 952 898 or fill in the form for a free assessment.

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