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NSW Workers Compensation & COVID-19

NSW Workers Compensation & COVID-19

Published on May 1, 2020 by Katherine Driscoll and Paul OhmKatherine Driscoll and Paul Ohm

“If you are a worker in NSW – including health care and / or aged care workers – and you have been exposed to COVID-19 and since contracted the virus, you may be able to bring a workers compensation claim.

Such a claim will be for loss of wages, medical treatment expenses and depending on the severity of your injuries, a lump sum claim for Whole Person Impairment.

You may be able to consider a common law claim, depending on the level of your impairment and should it be shown that your employer was negligent. For example, they did not provide adequate protective equipment.

Hundreds of workers compensation claims have already been made in NSW in relation to COVID-19.[1] There have also been at least 11 claims for workers compensation denied by insurance companies.

There have been calls for changes to be made to the Workers Compensation legislation, to exempt healthcare workers from having to prove a COVID-19 infection was contracted at work or on the job and not otherwise from family members or visiting shops or other public places.

A proposed bill has been introduced to the NSW Parliament for consideration.

It is crucial during these times that all workers – including our healthcare and aged care workers on the frontline – have peace of mind and are adequately protected.

Please let us know if you require any further information or if you wish to obtain legal advice”.

Paul Ohm, Special Counsel

Katherine Driscoll, Senior Associate

For all COVID-19 legal matters including Personal Injury, Workers Compensation and Business related matters, please complete our enquiry registration here.

NSW Workers Compensation & COVID-19

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