None of us living on the South Coast will forget last summer in a hurry. But what about the volunteers who were tasked with fighting those monster blazes?
We are forever grateful for their efforts to keep us and our loved ones safe.
Tragically some lost their lives, some were injured and some will carry the psychological scars for a long time.
No fault workers compensation benefits are payable to Volunteer Bush Fire Fighters who are injured while carrying out authorised activities.
Who is eligible?
Both official firefighters and volunteers who engage in firefighting with the consent of or under the supervision and control of the NSW Rural Fire Service (RFS).
A person who is at or about the scene of a fire providing food or refreshments to fire fighters is also covered.
What activities are covered?
Fighting a bush fire (which includes grass or building fires which the RFS is fighting), including control, suppression and preventing the spread of the fire.
Official fire fighters are also covered while carrying out preventative work such as clearing firebreaks and preparatory work such as training and maintenance of vehicles and while fundraising.
Injuries sustained on a journey connected with these activities may also be covered, including a journey to provide refreshments or food to fire fighters.
What types of injuries are covered?
Physical and psychological injuries and diseases that are contracted, aggravated, exacerbated or which deteriorates while performing the activities, if the activity was a contributing factor.
What about death?
Substantial benefits are payable to the family of a fire fighter who is killed as a result of carrying out an authorised activity. A lump sum of $827,400 (as at 1 April 2020) is apportioned between dependents, or paid to the estate if there are no dependents.
Weekly payments to dependent children are also payable.
What other benefits are payable?
Weekly payments
A fire fighter is paid the greater of their Award wage or average weekly earnings for the first 26 weeks off work. After the first 26 weeks a statutory maximum rate generally applies ($523.10 as at 1 April 2020 for a person with no dependents).
If the fire fighter was not in paid employment at the time of the injury, iCare will determine an amount that is fair and reasonable in the circumstances.
Medical expenses
Compensation is payable for reasonably necessary medical or related treatment, hospital treatment, occupational rehabilitation service and ambulance services. Limited compensation is available for domestic assistance.
Lump sum compensation
Lump sum compensation is payable at statutory rates for permanent injuries and pain and suffering.
Personal property damage
Limited compensation is available to cover damage to clothing, spectacles and artificial aids.
Some compensation may be payable for damage to motor vehicles or equipment used for firefighting or associated activities listed above, if they are not otherwise insured.
iCare will determine reasonable amount to indemnify the person for the loss.
Legal advice
This is a brief summary and not an exhaustive statement of the law. If you think you may be eligible for compensation, please contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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