Police officers and members of the NSW Police Force have rights available to them under the Workers Compensation Act to claim compensation for any injury sustained during the course of their employment.
There are however right specific only to police officers. Entitlements for injured police officers:
For the first 6 months of incapacity the police officer will be paid the award rate of pay.
Should the police officer remain unfit beyond the initial 6 month period then there is a formula utilised to determine the extent of the compensation payable. Factors taken into account included whether or not the police officer has a dependent spouse or partner and/or dependent children.
If the injured police officer is able to return to suitable duties on reduced hours then the insurer will pay make up pay.
In the event that the police officer has to cease work entirely as a result of the injury and takes up alternate employment and earns less than that which they would otherwise have earned had they been able to stay in the employ of the NSW Police Service, then they are entitled to continue to receive make up pay.
Of course, the more serious the injury and the greater level of impairment the more compensation that is payable.
However, special rules apply to psychological injuries. The degree of impairment suffered by the police officer as a result of any psychological injury must be at least 15% before lump sum compensation is payable.
In the event that there is a dispute as to the degree of impairment the Workers Compensation Commission will appoint an approved medical specialist to determine the issue.
There is no costs payable by the injured police officer in the pursuit of benefits as outlined above. The costs are payable by the insurance company to the police officer’s solicitor upon the successful conclusion of the claim.
Work Injury Damages or Negligence Claims
If the police officer is able to establish that the injury suffered results not only in a whole person impairment of 15%, whether by reason of a physical or psychological injury, and the injury was caused or materially contributed to by the negligence of the NSW Police Service in that they had breached their duty of care, then in addition to the claims outlined above the injured police officer may also have what is known as a “work injury damages claim”.
A work injury damages claim, if successfully prosecuted, will result in the injured police officer receiving far more compensation than what would otherwise be available in the prosecution of just a workers compensation claim.
Brydens Lawyers are the experts in the prosecution of both workers compensation and work injury damages claims. If you are or have been a serving officer in the NSW Police Service and have suffered injury then contact Brydens Lawyers today for a free no obligation assessment as to any entitlements to claim compensation.