Many employees are working remotely due to the COVID-19 pandemic. You may be able to claim for injuries sustained whilst working from home or another remote location under the NSW workers compensation scheme. The RMB Compensation division explains:
For your workers compensation claim to be accepted, there must be evidence that you sustained an injury arising out of, or in the course of employment and that your work was a substantial contributing factor to the injury. If your claim is accepted, the types of compensation which you may be able to claim include:
- weekly wage payments;
- medical, hospital and rehabilitation expenses;
- domestic assistance; and
- permanent impairment lump sum compensation;
Employers continue to have a responsibility to ensure you have a safe environment to work, even when you’re at home or in other locations away from the normal workplace.
This includes making sure that the remote work location is ergonomic, in an area free of hazards and with adequate lighting. If you’re injured at home in circumstances where the employer was negligent, you may also have a right to claim damages additionally or alternatively to your workers compensation benefits.
Another issue facing injured workers is the impact of JobKeeper payments on the calculation of their weekly wage payment. In order to support workers during the COVID-19 pandemic, the State Insurance Regulatory Authority (SIRA) has introduced several changes to wage calculations. Some examples of how these changes may apply to you are:
- You’re stood down without pay. You do not perform any work, receive your normal pay or access your paid leave entitlements. Instead, you receive a JobKeeper payment of $750 per week. This is considered earnings for the purpose of determining your pre-injury average weekly wage.
- You’re part-time employed earning $450. You receive $750 per week as a JobKeeper payment. $450 is included as wages as you are entitled to receive this amount for work performed under your usual employment arrangement. The ‘additional’ JobKeeper-subsidised payment of $300 is excluded from the wages calculation.
- You usually earn $500 per week. You take one week of paid leave and receive $750 for that week as a JobKeeper payment. $500 is included as wages, as you are entitled to receive this amount for work performed under your usual employment arrangement. The ‘additional’ JobKeeper-subsidised payment of $250 is excluded from the wages calculation.
- You’re full time employed earning $1,000 per week. During the COVID-19 pandemic, you continue to work full time and earn $1,000 per week. $750 of this is subsidised by the JobKeeper payment. $1,000 is included as wages because you are entitled to this amount under your usual employment arrangements.
If you have a valid claim to pursue, we will apply for a grant of funding from the Workers Compensation Independent Review Office (WIRO) to provide you with legal advice and assistance. If WIRO funding is approved, you will not be required to pay any legal fees.
If you need information to help you understand the impact of COVID-19 on your workplace injury or workers compensation claim, please contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on ourwebsite.