An exempt worker is a worker, employed in NSW, who is exempt from the significant yet restrictive reforms to the Workers Compensation Scheme undertaken in 2012. Such workers include:
- Police officers – to be an exempt worker you must be a serving police officer and not an employee of NSW Police Force in some other capacity.
- Paramedics – this does not include paramedics employed by St John’s Ambulance Service.
Coalminers are also exempt workers but enjoy exemption from both the 2002 and 2012 reforms.
How do I make a claim?
A claim is made on an employer by an exempt worker by submitting a worker’s injury claim form together with a WorkCover Medical Certificate. You should always retain a copy of these documents. Your employer is then obliged to forward these documents onto the insurer who will then determine the claim.
If you have any difficulties in lodging a claim form then contact Brydens Lawyers who are the experts in the prosecution of workers compensation claims on behalf of exempt workers.
What is if my claim is declined?
If your claim is declined you should seek legal advice from Brydens Lawyers immediately. The insurer’s decision to reject a claim is not final and can be challenged in the Workers Compensation Commission.
What if I am unable to work due to my injury?
If you are unable to work then you are entitled to make a claim at the maximum rate for the first 26 weeks of absence at your average weekly earnings. After this period you are entitled to claim the statutory rate of compensation which is indexed twice a year. There are allowances also paid for dependents.
If you are able to continue to work however in a reduced capacity then you may be entitled to make up pay.
What about medical treatment expenses?
You are entitled to claim your reasonable medical expenses referable to the treatment of your work related injuries. There are time limits imposed as to how long this treatment is to be paid for for all but exempt workers. That is, exempt workers are entitled to be paid for treatment expenses incurred by them for as long as reasonable and necessary.
What if I have a permanent injury?
If the injury sustained results in a degree of impairment then the worker is entitled to recover lump sum compensation commensurate with the degree of impairment sustained. However, if we are dealing with a psychological injury then the degree of impairment resulting from same must be at least 15%.
Brydens Lawyers are the experts in the prosecution of workers compensation claims on behalf of exempt workers. To ascertain whether you have any right to compensation for the injury which you have sustained contact Brydens Lawyers today.
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.