In NSW as at 3pm 4 May 2020, there have been 205 claims for workers compensation benefits notified to SIRA due to COVID-19. The Law Office of Conrad Curry expects some of these workers may face difficulties getting their claims approved.
Can a worker claim for COVID-19 contracted at work?
A worker must be able to prove that the disease was contracted in the course of their employment. This means for workers who in the 14 days prior to showing symptoms went directly to and from work and contracted the disease from a known case while in the workplace, the claim should be approved. However, if the worker is unable to identify a known case at work and also frequented petrol stations, shopping centres, their children attended school or day care and they live in a suburb with a spike in cases, it may be difficult to prove the disease was contracted at work.
How am I meant to update my Certificate of Capacity?
If a worker is in receipt of workers compensation benefits the rules have been eased a little due to COVID-19 when it comes to obtaining your regular Certificate of Capacity. For the time being, whilst your GP must still issue the first certificate, the second and subsequent certificates can be issued by your SIRA approved treating physiotherapist or psychologist. Remember most practitioners are offering appointments over the phone or online, sometimes called telehealth.
Will my weekly payments continue if my workplace shuts down due to COVID-19?
The answer is yes. You may still be entitled and you can also contact the insurer to discuss the many SIRA funded programs available to help with training or finding alternative employment.
Am I covered if injured while working from home due to COVID-19?
Even if you are working from home your employer is responsible for providing you with a safe workplace. If you suffer an injury arising out of or in the course of your employment at home you should be eligible to claim. However, each claim will be determined on a case by case basis as what is considered within the course of your employment when working from home can be challenging.
For these questions and more, you should seek legal advice from a WIRO approved solicitor as soon as possible. Remember WIRO approved solicitors can obtain a grant of legal assistance funding to help you complete the necessary claim forms.
If you would like assistance, we would be pleased to speak with you in an obligation-free consultation to advise you about your options. You can click here to book an appointment or call us on (02) 4050 0330 for a no obligation consultation to discuss your potential CTP insurance claim.
