Workers Compensation for Volunteers | NSW
If you’re a volunteer in NSW and you sustain an injury whilst undertaking your volunteer duties, you may be entitled to lodge a worker’s compensation claim. However, this entitlement is only available for those who volunteer for certain agencies. In this blog, we look at who is eligible to lodge a worker’s compensation claim, what the compensation entitlements are, and what to do if your claim is denied.
If you are injured as a volunteer and you were not volunteering with one of the agencies (listed below), you may have other options, such as a public liability claim. You should seek legal advice if this has happened to you.
Eligibility for worker’s compensation as a volunteer in NSW
You are entitled to lodge a worker’s compensation claim if you meet the definitions outlined in the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 and your injury occurred whilst you were authorised to undertake activities as a volunteer for one of the following agencies:
- NSW Rural Fire Service; or
- NSW State Emergency Service; or
- Marine Rescue NSW; or
- Surf Life Saving NSW; or
- NSW Volunteer Rescue Association.
What do I need to do when I get injured as a volunteer?
You must report your injury to the agency you are volunteering for as soon as your injury occurs, or at the latest, within 6 months.
It is the agency’s responsibility to lodge a claim with the NSW Self Insurance Corporation (SICorp) on your behalf.
SICorp is required to deal with a claim for weekly payments of compensation within 31 days, or where it’s reasonably practicable, from the day you make the claim and supply SICorp with the documentation it requires to determine your claim.
What are my worker’s compensation entitlements as a volunteer?
If SICorp accepts liability for your worker’s compensation claim, you are entitled to receive the following benefits:
- Weekly payments for loss of wages; and
- Out-of-pocket medical, hospital and rehabilitation payments; and
- Lump sum payments for permanent impairment.
If you reach the necessary threshold, you may also be entitled to lodge a work injury damages claim against the agency. This is known as a common law claim.
Worker’s compensation weekly payments and medical expenses for volunteers
Upon SICorp carrying out its investigations during the first 12 weeks of your worker’s compensation claim, it will either accept formal liability for your claim or issuing a dispute notice to you, declining liability for your claim.
Upon SICorp accepting provisional liability for your worker’s compensation claim, you are entitled to receive up to 12 weeks of weekly compensation payments and medical treatment expenses up to $10,000.00.
If SICorp does not accept provisional liability for your worker’s compensation claim, it is required to issue a reasonable excuse letter to you in writing.
Weekly payments and medical treatment expenses for volunteers are calculated in the same way as an exempt worker under the Workers Compensation Act 1987 (‘1987 Act’). This mean that you are entitled to claim the following:
- Weekly compensation payments at the rate of your award rate of pay or base weekly wage for the first 26 weeks of your worker’s compensation claim, and the prescribed statutory rate for weekly compensation payments thereafter.
- Reasonably necessary medical treatment expenses, hospital treatment, rehabilitation services and domestic assistance (for example, housework, gardening etc).
Permanent impairment lump sum claims as a volunteer
When your workplace injury reaches maximum medical improvement (that is, your injury is well stabilised and is unlikely to change substantially in the next year, with or without medical treatment), you may be entitled to lodge a permanent impairment claim (for lump sum compensation) with SICorp pursuant to section 66 and 67 of the Workers Compensation Act 1987.
To be eligible to lodge a permanent impairment claim with SICorp, you need to have at least 1% whole-person impairment for a physical injury and 15% whole-person impairment for a psychological injury. In addition, to be eligible to receive pain and suffering compensation, you need to have a whole person impairment of at least 10%.
Any compensation that you receive under section 66 and 67 of the Workers Compensation Act 1987 is in addition to any payments that you receive by way of weekly compensation payments and/or medical treatment expenses.
In addition, you are entitled to lodge further permanent impairment claims should your workplace injuries deteriorate in the future.
Worker’s compensation common law claims for volunteers
In addition to the above entitlements, you might have a right to pursue a common law claim, which is also known as a work injury damages claim.
To lodge a work injury damages claim, you must establish the following:
- Your injury is of a serious nature;
- You must reach the threshold of 15% whole-person impairment or greater; and
- You must establish that the employer was negligent in causing your injury.
A work injury damages claim must be lodged within 3 years of the date of injury.
Work injury damages claims are more complex than worker’s compensation claims. It is therefore crucial that you seek legal advice about pursuing such a claim to maximise any compensation payable to you.
What if SICorp declines liability for my injury?
If SICorp declines liability for your worker’s compensation claim, it is required to issue a section 78 notice (dispute notice) to you along with the evidence that it is relying upon to decline your claim.
If you do not agree with SICorp’s decision to decline liability for your worker’s compensation claim (or any other adverse decision that it may make in relation to your claim), you may apply to the District Court of New South Wales to determine your worker’s compensation claim. SICorp is bound by the decision of the Court and the Orders it makes.
Get help from a worker’s compensation lawyer
If you’re injured as a volunteer in NSW, it can be difficult to determine your eligibility for worker’s compensation (or other compensation if you are ineligible for worker’s compensation). Our team of compensation lawyers can assess your specific circumstances and advise you on the best way forward to secure any compensation you may be entitled to.
Contacting Hall Payne Lawyers
You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.
Phone: 1800 659 114
Email: general@hallpayne.com.au
This article relates to Australian law; either at a State or Federal level.
The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances. For further information, please do not hesitate to contact Hall Payne Lawyers.
Get in touch with today's blog writer:
Simat Khamas