COVID-19Workers’ Compensation Benefits in Australia

Needless to say that COVID-19 has hit every nook and corner of the world. The workplace, health and education sectors have been affected most of all. In these situations, workers need to know what will be the effects of the pandemic on their wages and compensations. So, in this article, the workers’ compensation benefits in Australia during COVID-19 are discussed in detail.

If you are a Perth resident and want to know about the benefits under your workers’ compensation scheme in this pandemic, you can approach workers comp lawyers perth.

Let’s now discuss the different scenarios related to the compensation benefits in this pandemic in Australia.

Workers’ Compensation on Contracting COVID-19 at Workplace

The worker’s compensation benefits vary across different state and territory jurisdictions, however, usually, a worker is eligible for compensation if:

The worker is covered by the workers’ compensation scheme of the employer either as a deemed worker or an employee;

The worker has contracted COVID-19 in the course of or out of his/her employment.

Establishing the connection between the employment of a worker and his/her contraction of the coronavirus may be more difficult in comparison to a work-related injury. However, in some sectors like health care, the connection may be easier to prove because of the workers working in high-risk situations.

Injury While Working From Home

To minimise the spread of COVID-19, many workers are working from home, either because of the directives by government authorities or employers and/or choosing the option if available.

• Workers are generally protected by the workers’ compensation while working from home. Whether a worker is eligible for compensation for an injury caused while working from home depends on whether or not the injury arose in the course of or out of employment or while the worker is acting under the instructions of the employer.
• Each claim is considered on the basis of its individual merits, having regard to the medical and factual circumstances and relevant evidence.

Note that you should get in touch with workplace injury lawyers Perth if you have suffered injuries at your workplace.

Compensation Benefits On Losing Job Due To Workplace Closing

A worker will not receive workers’ compensation benefits if the workplace closes due to COVID-19. If the worker has an existing claim of workers’ compensation and the workplace closes, the employer and the employee should refer to the information furnished and seek assistance from the workers’ compensation authority about their particular circumstances.

Entitlement To Compensation For COVID Vaccination Injury

A worker may receive the benefits of workers’ compensation if he/she sustains an injury following the COVID vaccine and injury occurred in the course of or out of employment.

The vaccine may be deemed to have occurred in the course of or out of employment if the employee is a frontline worker or works in a sector where the employer imposes the vaccine and the employer has:

• 1. advised or organised the vaccination onsite or at any other location; or
• 2. Subsidised the vaccination.

Per the legislation, only a reaction that is significant enough may be deemed an injury. The reactions may include blood clots, severe fever, allergic reactions like anaphylaxis, stroke or seizure.

A worker is not entitled to the benefits if he/she suffers only mild symptoms because of the vaccine like headache, tiredness, dizziness, nausea or redness at the injection site.

Effects on Weekly Payments

If a worker continues having an incapacity for work and has not had his/her weekly payments terminated, he/she is eligible to get weekly compensation when the employer withdraws its suitable duties. The worker is also entitled to weekly compensation if the worker was working modified or alternative duties before the employer shut down.

Certificate of Capacity

An injured worker needs to produce a Certificate of Capacity for any period under which he/she is entitled to weekly payments. The pandemic can give rise to situations where it may be difficult to visit a doctor on a certain day, so the legislation has special provisions under which the worker can continue to receive the weekly payments.

• A Certificate of Capacity is valid for a maximum of 28 days; however, the validity can be extended for a longer duration in case of special circumstances. For instance, when a worker’s injury is stable and his/her capacity is not likely to change over the certificate’s period.
• A worker can obtain the certificate through tele-health consultations with a doctor if it’s not possible to visit the doctor in person. Telehealth consultations should be approved in advance by the service provider of the claim, you and your health practitioner.

Summary
You can contact one of the leading law firms in Perth, the Workers Compensation Lawyers Perth, to clarify your doubts about the workers’ compensation scheme under your employer.