Workers in many occupations where they are likely to exposed to the Coronavirus can claim workers compensation benefits rather than take sick leave if they become ill with COVID-19. The RMB Compensation division explains.
A variety of different workplaces have remained open during the various stages of the Coronavirus Pandemic. Most people will be familiar with the term “essential services” often mentioned when Prime Minister Scott Morrison has been discussing which businesses would remain open or closed.
Some employers have been required to stay open throughout the pandemic. Many of those workers have been placed at greater risk of contracting COVID-19 than the general public or people in other occupations.
The obvious examples of people in essential services placed at greater risk include doctors and nurses, supermarket staff and petrol station attendants.
In reality there are a great many other occupations that have been required to remain at work for varying reasons.
The State Government has recognised that these people are at greater risk than others of contracting COVID-19 and have placed them on the list of occupations where there is a presumption that the employee contracted the virus at work and is therefore entitled to workers compensation benefits if they do.
People in these occupations are entitled to weekly income benefits and medical expenses. The expenses are paid while the person remains unfit for work because of the coronavirus. The period of the benefits can extend beyond what most people believe is only a 14-day period for the virus.
The inclusion of more occupations on the list of recognised occupations means in most cases these workers will receive workers compensation benefits and not be required to use their sick leave, annual leave or other accrued entitlements while they remain unfit for work because of COVID-19.
The legislation also covers death benefits if a worker unfortunately dies as a result of the virus.
The list of workers presumed to have contracted the virus at work can be found by an internet search of Section 19B(9) of the COVID-19 Legislation Amendment (Emergency Measures – Miscellaneous) Bill 2020.
The listed occupations are varied and examples outside the expected health and police occupations include construction industry workers, retail workers, transport workers such as bus drivers, workers in schools and pre-schools, cleaning industry staff, restaurant, club, hotel and casino staff, refuges, staff at halfway houses and homeless shelters, library staff, correctional centre staff, and cinema and gallery staff.
If you're a fontline worker and have been exposed to COVID-19 or feel your at risk, we encourage you to contact us and seek legal advice from an RMB Compensation lawyer about your potential entitlements. We'll be able to help you via a quick phone call, or ask us a question via email.