Injured at Work – Are you Entitled to Domestic Assistance?
25 February 2016
Section 66A of the Workers Compensation Act 1987, allows an injured worker to claim domestic assistance even if it’s provided gratuitously, meaning it is provided free of charge by friends and family.
In this guide, we cover all you need to know about entitlements to domestic assistance for work-related injuries. We explain the criteria and answer common questions regarding your rights and options.
What is Domestic Assistance?
SIRA defines domestic assistance as “tasks such as household cleaning and laundry, lawn or garden care, and transport not covered as a medical, hospital or rehabilitation expense.”
Can Injured Workers claim Domestic Assistance?
Under the workers compensation scheme, injured workers are entitled to claim domestic assistance for chores and tasks they are unable to perform around the house due to their injuries.
How to claim Domestic Assistance for a work injury
To claim domestic assistance under the scheme, you need to be to show
- That domestic assistance is reasonably necessary because of the injury
- That a medical practitioner can provide evidence or certify that it is reasonably necessary for the assistance to be provided
- The assistance would not be provided to the worker but for the injury
There are two (2) ways to qualify for domestic assistance
- An injured worker can make a claim for “temporary assistance” which entitles them to not more than six (6) hours per week; and
- For a single period that is not longer than three (3) months or multiple periods which together are not longer than three (3) months; and
- The need for domestic assistance is relevant to the injury management plan.
- An injured worker who has been assessed with a degree of permanent impairment of at least 15% Whole Person Impairment is also entitled to ongoing domestic assistance payable by the Insurer, where reasonable and you are entitled to domestic assistance for as long as it is reasonably necessary. For those assessed below 15%, the entitlement for domestic assistance is for a maximum period of three (3) months and for no more than six (6) hours per week in that three (3) month period.
If you are struggling at home or with your family chores and responsibilities, it is a good idea to speak to your IRO accredited lawyer and your medical treatment team to discuss possible options in respect of assistance under the scheme.
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