If you’re a police officer, firefighter, or paramedic in NSW and have been injured on the job, you may be entitled to specific compensation benefits as an “exempt worker.” We can guide you through the process.
In New South Wales (NSW), the term “exempt worker” refers to specific categories of workers, primarily first responders, exempt from certain amendments to the Workers’ Compensation Acts in 2012 and 2015. This means they have different entitlements and benefits compared to other workers in NSW.
The usual workers compensation scheme in NSW limits the duration of weekly payments, the types of lump sum claims available, and the extent of medical coverage. Such restrictions may prove inadequate for employees who experience severe or long-term injuries, particularly given the high-risk nature of their occupations. Exempt worker status addresses this concern by providing a more robust framework of benefits that offers essential support for these individuals.
In Australia, police officers, firefighters, and paramedics are classified as exempt workers in the workers’ compensation system due to their high-risk, traumatic, and physically demanding jobs. This classification provides them with greater protection and support for work-related injuries and illnesses, particularly psychological conditions.
The categories of exempt workers are:
Key entitlements for exempt workers, particularly first responders, encompass more substantial weekly compensation, comprehensive lifetime coverage for medical expenses related to work-related injuries, access to lump sum compensation claims for permanent impairment and additionally, pain and suffering.
Types of entitlements:
Work Injury Damages claims are a claim for damages where there has been negligence. These claims are separate to the statutory workers compensation scheme, have different requirements and confer different benefits. A work injury damages claim can only be pursued once a workers compensation claim has been made and resolved.
A work injury damages claim can be made if a worker is injured at work, the injury is caused by the negligence of their employer, and they have a whole person impairment of at least 15%.
If a work injury damages claim is successful, the worker could be entitled to compensation for past and future loss of earnings including superannuation.
It is important to note that making a work injury damages claim brings workers compensation entitlements to an end and as such, it is important to obtain specialist legal advice about what avenue is best suited for your needs.
When you’re down, you need the right people on your side to help you stand back up. If you’re claiming compensation for an injury, Foye Legal are ready and willing to fight for your rights and make sure you get everything you deserve.
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Exempt workers, mainly first responders like police, firefighters, and paramedics, have different workers’ compensation entitlements, which are often more beneficial due to the higher risks and complex injuries they face.
Key differences often include higher weekly payments, lifetime medical expenses coverage, easier access to lump-sum payments, and greater recognition of psychological injuries like PTSD.
Report the injury/illness immediately, seek medical attention, gather evidence, lodge a formal claim and seek legal advice from a specialist workers’ compensation lawyer.
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