Emergency Service Workers

I have been injured as an emergency services worker – what should I do?

If you are injured as an emergency services worker, you should immediately seek medical assistance. You are also likely to be entitled to claim workers compensation. You need to obtain a Medical Certificate of Capacity from your general practitioner or the hospital and provide it to your employer as soon as possible.

This certificate is medical evidence of your injury and or illness. Your employer is required to forward the medical certificate to the workers compensation insurer.

Common types of emergency service accidents and injuries include:

• Psychological injury – emergency service professionals often face traumatic situations where there is a threat to their physical safety and, as a result, can sustain a psychological injury, including post-traumatic stress disorder, depression, and anxiety.
• Injuries from being assaulted – emergency service professionals often are injured by members of the public while working to protect the community.
• Lifting and carrying – emergency service workers are often required to lift or carry people or things in a hurry, and this can lead to back and spinal injuries.
• Car accidents – emergency workers are often injured while rushing to the scene to help others.

What type of Compensation is payable?

Emergency service professionals, including police officers, firefighters, and paramedics, are exempt from the changes made to the NSW Workers Compensation Legislation, which occurred in July 2012. They receive compensation under a different workers compensation scheme.

Emergency service personnel are generally entitled to the following:

1. Payment of all reasonable and necessary medical expenses incurred as a result of a work injury.
2. Weekly payments of compensation during any period of total or partial incapacity for work capped at a maximum statutory rate depending on the number of dependents you have.
3. Lump-sum compensation for any permanent impairment and pain and suffering.
4. Common Law Damages for negligence.

Can I sue for negligence?

If you have sustained an injury as an emergency services worker, then you may have a right to claim common law damages against your employer. This is a Work Injury Damages claim. A Work Injury Damages claim is when an injured worker sues their employer for damages due to negligence. This type of claim covers past and future loss of income.

To be able to claim Work Injury Damages, the injury must be as a result of the negligence of your employer, and you must have a whole person impairment of at least 15%. You will need the assistance of an experienced lawyer to make this type of claim.

If someone other than your employer is responsible for your injury, you may have a claim for damages against that person or company. You should discuss this with a lawyer as soon as possible.

What is the claim process?

1. If you think you may have a claim, then please contact us by email or phone to discuss your matter. We provide you with free advice on your options.
2. If we believe you have a claim for workers compensation, we will assist in ensuring you obtain appropriate compensation for your injuries.
3. We obtain the necessary evidence to win your claim. This is done by one of our experienced injury lawyers.
4. We pursue your claim and fight until you receive the compensation you deserve.
5. You receive your compensation in your bank account.