Workers compensation guide for healthcare workers in NSW

The health care and social assistance sector in New South Wales (NSW) includes hospitals, medical services, child care, residential care, allied health and other medical and social assistance services. Health care is among the most hazardous industries with COVID-19 posing additional pressure on medical care services and creating more risk for its workers.

SafeWork states that the healthcare industry is the fastest growing industry in Australia and records one of the most frequent work-related injuries and illnesses each year. See below for more information

healthcare worker with mask

 

What does health worker compensation cover?

Under the Workers Compensation Act 1987 (NSW), you are entitled to compensation wages, medical expenses including home care and travel expenses.

You are also entitled to a lump sum payment if your injury is assessed at 11% whole person impairment or more or you sustained a primary psychological injury with 15%. If your injuries are assessed with 15% or more whole person impairment you can make a claim for work injury damages, if your employer was negligent, which may allow you to claim your future lost earnings until the retirement.

 

How to make a claim for compensation as an injured health worker

If you want to make a claim against your employer as an injured health worker, you should first report the accident to your employer as soon as possible by completing a Work Injury Claim Form along with a Certificate of Capacity to be completed by your doctor. Your employer will then have 48 hours to send it to its workers compensation insurer.

The Work Injury Claim Form should also document the details such as your pre-injury wage, date and description of the injury and your return-to-work program.

 

Most common work-related hazards and injuries in healthcare industry

According to SafeWork, most frequently reported cases of injury from health workers are muscular stress, falls on the same level, harassment and bullying and work pressure.

Common hazards giving way to the above injuries, on the other hand, are listed as hazardous manual tasks, hazardous chemicals, fatigue, slips, trips, and falls, transition of support from one service to another, violence, workplace bullying and working in people’s homes.

 

male healthcare worker

Health workers compensation FAQ

Why should I hire a health workers compensation lawyer?

Our senior lawyers experienced with workers compensation claims can successfully assess a worker’s injury in terms of legal regulations and offer valuable advice on their rights and benefits and how to claim them. Furthermore, our lawyers can guide you through legal proceedings of making a claim and advise you on what to expect in the process. You also do not need to pay for our lawyers costs and disbursements.

 

As a healthcare worker how long after my injury can I claim compensation?

Workers compensation claims should be made within 6 months after the date of the injury. In some situations like absence from the state, a claim can be made up to three years. If a longer period than 3 years has passed after the injury and a claim has still not been made, it is possible to make one via the State Insurance Regulatory Authority’s (SIRA) approval.

When should I speak to a health workers compensation lawyer?

If you were injured as a result of your employment as a health worker, you can consult our senior workers compensation lawyers at any point in your claim process. However, we recommend speaking to our workers compensation lawyers as soon as possible in order to receive clear advice from the start of your claim or as soon as possible.

 

Do I have to be in Sydney to make health worker compensation claim?

You do not have to be in Sydney to make a compensation claim if you sustained a work-related injury as a health worker. The law is the same anywhere in NSW. Regardless of where you are located, our lawyers are experienced in health workers compensation and are conveniently located in Sydney, Parramatta, Penrith, Liverpool and Wollongong.

 

How much compensation can I get from a health worker compensation claim?

The benefits you may obtain at the end of your claim will depend on the specific circumstances of your case of injury, like the seriousness of your injury. Consulting our experienced health worker injury lawyers can help you in anticipating the results of your claim.

 

Legal costs and disbursements

Workers compensation arises out of an injury and/or illness as a result of an injury in the course of employment. This means that you are either physically in pain and/or psychologically suffering. Let us simplify the legal process to you simply and in an easy to understand way. Our experienced Workers Compensation Lawyers can assist you to get the best workers compensation payout possible on No Win No Fee basis. As to legal costs for workers compensation claims, they are covered by the Workcover Independent Review Office (WIRO) which means that no matter the result you do not pay for any legal costs whatsoever. The team at Withstand Lawyers is conventionality located in SydneyParramatta. Call us on 1800 952 898 or book a consultation to receive the clearest, best and quickest assistance possible.

    Free Initial Consultation

    Complete for eligibility advice


    Law Society