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Writer's pictureJoanne Mortimer-Fox

Don't use your leave entitlements if you contract Covid-19 - it may be Workers Compensation


If you contract Covid-19 you have to take time off work while you recover.


Many employees are using their sick leave, annual leave or long service leave entitlements to cover this time off work without realising they are entitled to workers compensation benefits instead.


You don't have to prove you contracted Covid-19 at work if you work in prescribed employment.

If you are employed in the following sectors when you contract Covid-19, it is deemed to be a work injury:

  • the retail industry (other than businesses providing only on-line retail)

  • the health care sector, including ambulance officers and public health employees,

  • disability and aged care facilities

  • educational institutions, including pre-schools, schools and tertiary institutions (other than establishments providing only on-line teaching services)

  • police and emergency services (including fire brigades and rural fire services)

  • refuges, halfway houses and homeless shelters

  • passenger transport services

  • libraries

  • courts and tribunals

  • correctional centres and detention centres

  • restaurants, clubs and hotels

  • the construction industry

  • places of public entertainment or instruction (including cinemas, museums, galleries, cultural institutions and casinos)

  • the cleaning industry

HOW TO CLAIM


Get a Workers Compensation Certificate of Capacity from your GP and submit it to your employer.

  1. If you haven't already, you will need to have the diagnosis confirmed by PCR test. A RAT test is not sufficient.

  2. Provide the results of the PCR test to your employer.

  3. Upon receipt of the Certificate, your employer should notifiy their worker's compensation insurer who will approve payments when the PCR test results are provided.


We help injured workers get the compensation they deserve. Contact us for more information or book your free appointment here. We are IRO approved legal service providers and there no cost to you to investigate or pursue your workers compensation claim.



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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