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.
WHAT ARE YOU
ABLE TO CLAIM?
Entitlements for injured police officers:
1. Weekly compensation – if a police officer suffers an injury during the course of their employment which results in an inability to work then the police officer has a right to be paid weekly compensation by the insurer.
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.
2. Medical treatment expenses – the injured police officer is entitled have all reasonable and necessary medical treatment expenses paid by the insurer. In the case of a serious injury medical treatment expenses will be paid for the balance of the police officer’s life.
3. Lump sum compensation – if the injury suffered by the police officer results in a whole person impairment then the police officer would have an entitlement to claim lump sum compensation commensurate with the degree of impairment suffered.
Of course, the more serious the injury and the greater level of impairment the more compensation that is payable.
Additionally, if a police officer suffers an injury with a degree of whole person impairment of 15 or more that injured worker has an entitlement to investigate and potentially make a claim for work injury damages. In order to have a work injury damages claim the police officer must prove that the injury was the fault of the Police Force. In a work injury damages claim damages are payable for past and future economic loss up until the age of retirement and for past and future loss of superannuation entitlements.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
Any police officer who suffers injury during the course of their employment is entitled to make a claim.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
There is a time limit of 6 months which applies to lodging a workers compensation claim after the injury occurs. Technically the injuries should be reported as soon as possible to the employer after it occurs.
WHAT IS YOUR
Simply telephone Brydens Lawyers to consult with a workers compensation specialist about your entitlements.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers conduct many compensation claims on behalf of NSW police officers and have a great deal of experience in those matters. Brydens Lawyers is highly competent and experienced barristers in prosecuting the matters at court.
LATEST NEWS FROM LEE
It was recently reported (SMH 23 February 2020) that the NSW State Government is considering changes to the workers compensation scheme which will provide for injured workers having to pay a "gap fee" for some medical treatment.
Apparently the State Insurance Regulatory Authority is considering the proposed changes and submissions made by Icare. Icare is the insurer responsible for about 75% of all claims made by injured workers and therefore submissions made by Icare would appear to carry a significant amount of weight with the government.
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