As the borders reopen and COVID-19 restrictions ease, businesses reopen their doors again, leaving workers in distress. Australia expects to see a rise in COVID-19 related workers’ compensation claims as employees fear their health during the pandemic. Many lawyers have come forward to ensure safer workplaces and vaccinated staff, so workers don’t sue their bosses.
Since the pandemic’s start, over 3,000 COVID-19 related workers compensation claims have been recorded. Hence, new rules attempt to fight the rising number of claims with safer practices. These include masks, vaccinations, the sign of declaration form stating the worker is not showing any symptoms of COVID-19, etc.
Workers are refusing to rejoin physical offices.
If unvaccinated people enter the workplace every day, it can put customers and other workers at risk. Moreover, individuals with disabilities and other chronic illnesses are at a greater risk of infection. The relaxation of vaccine mandates can prove fatal for both – workers and employers.
Workers and visitors in the workplace may contract COVID-19 by close contact with a suspected or confirmed case of COVID-19, failing to maintain social distance, lack of safety practices, and inadequate PPE (Personal Protective Equipment).
Am I eligible for a COVID-19 related workers compensation claim?
To file such a claim, the employee must prove that they were infected with COVID-19 at their workplace. If they do so, they are eligible to make a workers compensation claim under the Canberra Work cover schemes. However, if the employer was responsible for the infection, either through deliberate efforts or negligence, their worker can sue them for medical compensation.
While the new safety practices ensure the health of workers in businesses, it also introduces the possibility of staff shortages. After the economic shutdown in 2020, as the world begins to recover, manpower is crucial.
Online jobs eliminate the possibility of such claims and help eliminate the issue of staff shortage. Meanwhile, small businesses need public health orders in place, to follow guidelines. Employers worry about the COVID-19 related workers compensation claims with respect to the issue of liability.
Financial compensations in the public and private sector
As the pandemic continues to affect our everyday life, it has created new legal grounds in the workplace to deal with.
Workers and visitors in the workplace may contract COVID-19 by either close contact with a suspected or confirmed case of COVID-19, failing to maintain social distance, lack of safety practices, and inadequate PPE (Personal Protective Equipment).
According to the ACT workplace compensation scheme, employees in the public sector will receive compensation for 100% of their earnings during the first 45 weeks that they are unable to work. After this timeframe, depending on the employee’s ability to work, the compensation will be no less than 75% of their original weekly earnings. For employees in the private sector, will receive compensation for 100% of their lost earnings for the first 26 weeks. After that, their compensation will be no less than 65% of their original earnings.
How do I make a COVID-19 related workers compensation claim?
Inform your employer about the current medical situation and visit a health care professional for a medical diagnosis. You have the right to visit the health care professional of your choice, and can opt-out of the visit to the company doctor.
Once confirmed, keep details and pieces of evidence that may support your claim such as – exposure to COVID-19, your symptoms and their onset, date of visit to your doctor, details regarding the visit, etc.
The claims process can be complicated, especially with a fragile health crisis.
Hence, we’re here to help every step of the way. Our experienced lawyers will help you understand the evidence and documents you need to gather, to make your case stronger. We know the reasons insurers may reject your claim, so we want to avoid them.
United Legal
Workman’s Comp Lawyers Canberra
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