In Sara v G & S Sara Pty Ltd [2021] NSWPIC 286A the Personal Injury Commission awarded death benefits to the family of a worker who contracted Covid-19 overseas and subsequently died.
The evidence established the deceased, who had travelled to New York for work, contracted Covid-19 while he was in the course of his employment with a NSW employer in the health care industry.
Fortunately, the Workers Compensation Act 1987 was amended last year to include a presumption that Covid-19 is a work injury for people engaged in prescribed high risk jobs when the disease was contracted (eg. health care, emergency services and retail).
This meant the worker's family did not have to prove exactly when and where he came into contact with the virus.
A worker who is injured outside of NSW will be eligible for compensation under the NSW Workers Compensation Act where the employment is connected with this State. This is most common where the worker usually works for an employer in NSW, or where the worker is based in NSW and regularly works in various other locations.
The family also claimed the worker's treatment expenses which totalled around $11 million (USD). That claim will be determined on a later date.
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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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