Presumption of work-related injury for health care workers who contract COVID-19
In response to the pandemic, in 2020 the WA government implemented a number of important changes to the workers’ compensation system. In particular, it established a rebuttable presumption of work-related injury for Covid-19 contracted by the health professionals listed further down this article.
The effect of those changes is that health professionals, when applying for workers’ compensation entitlements, are not required to prove that they contracted the virus at work. The contraction is automatically deemed to have occurred at work and the onus proof falls on the employer to estabslish otherwise.
Put differently, the onus of proof is reversed. If the employer wishes to defend the claim, it must establish on the balance of probabilities that the employment did not contribute to a significant degree to the contraction of the disease.
Health Profession and Covid
Health Profession means the following professions, and includes a recognised speciality in any of the following professions:
- Aboriginal and Torres Strait Islander health practice
- Chinese medicine
- chiropractic
- dental (dentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist)
- medical
- medical radiation practice
- midwifery
- nursing
- occupational therapy
- optometry
- osteopathy
- paramedicine
- pharmacy
- physiotherapy
- podiatry
- psychology
Also, anyone who is employed in a hospital, medical practice, clinic or facility where people attend for health-related screening, testing or treatment, is included.
And a person who is employed as an ambulance officer.
What does it mean for me?
If you meet the above-mentioned criteria, you are automatically entitled to workers’ compensation benefits including weekly payments of compensation if you are unfit due to Covid.
If your loved one has met the criteria and passes away due to Covid, substantial compensation is payable if you were financially dependent on that person.
How must Covid-19 be diagnosed for the presumption to apply?
- The worker is diagnosed with Covid-19 by a medical practitioner based on testing done in a NATA accredited laboratory or the worker who dies as a result of contracting Covid-19. The testing includes SARS-CoV-2 using a SARS-CoV-2 specific nucleic acid, isolation of SARS-CoV-2 in cell culture, or confirmation of SARS-CoV-2 specific antibodies. All these tests are laboratory tests, not RAT tests.
- The worker is considered a healthcare worker (see above) on the date of diagnosis or death
- The date when the worker contracted Covid-19 or the date of death is on or after 16 February 2020 (the first Covid-19 case in WA)
If you think the above applies to you, or if you simply would like to chat with us, book your obligation-free consultation by calling RZ Injury Lawyers as a workers compensation lawyers in perth on 0466 031 195. The first consultation is ALWAYS FREE.
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DISCLAIMER
This article is intended for general information only and you should not act upon it or omit to act on the basis of anything contained herein without first obtaining legal advice in relation to any particular matter or issue.