How Do Healthcare Workers Claim Compensation?

Being a healthcare worker is one of the most hazardous jobs, especially with the current COVID-19 pandemic. At Prominent Lawyers, we greatly appreciate and value the service of all of our healthcare workers. They are essential workers who put their life on the line for the public. Part of how we display our gratitude is by endlessly defending the right of healthcare workers, particularly when it involves workers' compensation. 

What injuries and risks do healthcare workers face?

Even though healthcare workers are performing some of the most important tasks, they are extremely at risk for serious injuries. To ensure that they are properly compensated, healthcare workers must first understand their rights. Part of their rights includes knowing which injuries they can claim compensation. Some may be obvious, while others may be very surprising. Here are the injuries that healthcare workers can face:

• COVID-19

  • In other countries, many people who have contracted COVID-19 are healthcare workers. However, in Australia, healthcare worker contraction has remained relatively low, possibly due to the access to Personal Protective Equipment (PPE) and comparatively low number of cases. However, until a cure and vaccine are developed, the risk will remain.

• Occupational violence

  • In the healthcare sector, nurses, doctors, carers and paramedics are often subject to violence and aggression from patients and their family members or friends. Depending on the incident, this can range from soft tissue injuries to concussions. 

• Psychological injuries 

  • A healthcare worker often witnesses tragedies and traumatic events. These in addition to any incident of occupational violence can leave a psychological scar and affect the healthcare worker mentally and emotionally.

• Musculoskeletal injuries

  • Back, shoulder, knee and hip injuries often affect healthcare workers because of manual handling tasks such as lifting, pushing, pulling and bending. Additionally, standing and walking for a long time without rest can develop or exacerbate these issues.

• Injuries that develop over time

  • Over time and due to the nature of a healthcare worker’s job, disc bulges or prolapse can develop.

How should a healthcare worker make a compensation claim?

If you believe that you are owed compensation due to one of the injuries mentioned above, then you will have to follow these steps. 

1. Report your injury immediately or as soon as you notice it. In NSW, you have 48 hours to notify your insurer. If you do not report your injury within 5 calendar days, you may be subject to a claim excess payment.
2. Compensation for your injury is accessed by submitting a Workers Injury Claim Form. You must file this as soon as you have suffered the injury or as soon as it is practicable for your file.
3. Lodge the form with your employer or send it via post.
4. When your employer receives your form, he or she must forward it on to their workers’ compensation insurer within 10 days. Within 28 days, the insurer will provide a written response to the injured worker. In this response, the insurer will either accept or reject the claim.

What determines how much the healthcare worker will get in compensation?

Your compensation, once accepted, will be given to you in weekly payments in addition to your medical expenses.

Your weekly payments will be calculated by taking the average of your regular income in the 12months before your injury. Weekly payments can be paid off in the following ways:

• for the first 13 weeks healthcare workers are paid at 95% of your Pre-injury Average Weekly Earnings (PIAWE);
• from week 13 to 52, they are paid at 80% of your PIAWE;
• between weeks 52 and week 130, they are paid at 80% of your base wage, and
• beyond 130 weeks, they are paid in discrete circumstances.

If you are still confused about how you are paid compensation, what determines your amount or if you have any queries about the above, then give our team a call.

Permanent injuries

Permanent injuries get treated differently from simple medical issues. If you have a permanent injury, then chances of you going back to work are slim. Permanent injuries often mean that the healthcare worker will be entitled to a lump sum claim. There are two ways you will be able to claim compensation:

• The Impairment Benefit Claim

  • This is a no-fault claim. For people who are stable and over 12 years old, there are no timeframes for lodging this specific claim. Remember that this claim does not have a timeline, so if you suffer from a permanent physical injury, you can still seek your claim.

• Common law claim

  • If your injuries are assessed, either by agreement or by an Approved Medical Specialist (“AMS”) as being a percentage permanent impairment of equal to or greater than fifteen (15) per cent, you will be entitled to pursue a work injury damages/common law claim against your employer. You will succeed with that claim if you are able to prove that your employer was liable for your injuries. Additionally, it has to be brought within 3 years of the date of the injury.

Every lawyer at Prominent Lawyers is approachable and will keep the details of your situation confidential. They will calmly answer any questions and concerns you may have and offer you the best legal advice and guidance for your situation. Our lawyers are here to support you and get you the help you need.