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Exempt workers are certain classes of workers who are not covered by the 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. 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 based on average weekly earnings (AVE) and current weekly wage rate (CWWR). AVE is the average amount you were receiving over a certain period of time, usually twelve months, while CWWR is used if you are employed by a fixed rate. After 26 weeks from the date of your injury, the weekly payments will be at a fixed rate, also known as “statutory rate”.

NSW workers compensation statutory rates

The statutory rate from 1 October 2020 to 31 March 2021 is $527.40. For exempt workers there is no limited period of wages of 130 weeks or 260 weeks.

Lump sum compensation

Exempt workers become eligible to claim lump sum compensation if they suffered from some level of permanent impairment as a result of a physical work-related injury or psychological injury. For physical injury the whole person impairment needs to be 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.

As an exempt worker, you may also be eligible to receive lump sum payment for pain and suffering caused by your work-related injury. In order to be able to claim lump sum compensation for pain and suffering, there must be 10% permanent impairment or more. Also, an exempt worker may be eligible to claim more than one lump sum payment.

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

You can access a list of what you should submit to the insurer when making a permanent impairment claim as an exempt worker through the Exempt Claimant Permanent Impairment Claim form available on State Insurance Regulatory Authority (SIRA) website. We don’t refer them back to another site the information to what to include is basically the same as noted in our website for non exempt workers you can use that and SIRA as reference.

Exempt worker workers compensation claim

The team at Withstand Lawyers has assisted hundreds of exempt workers for their workers compensation claims, we can help you to get the highest possible benefits! We are conventionality located in Sydney & Parramatta. Call us on 1800 952 898 or fill in the form.

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