Ask Shaye
Workers Compensation for Health Workers with COVID-19
I have been diagnosed with COVID-19 and am unsure of how or where I caught it. I’ve heard that I can claim workers compensation because I’m a health worker.
Yes, if you are a nurse or midwife and contract COVID-19, there is a legal presumption that you contracted it in the workplace, unless it can be proven otherwise. You are therefore eligible to claim workers compensation for any hours of work missed, as per s19B of the Workers Compensation Act 1987 (NSW).
If you have COVID-19, keep a record of your positive test result, including the date and time. If you’ve taken a RAT, take a photo of the result. You will then need to consult your general practitioner and request a SIRA Certificate of Capacity.
Submit the certificate, along with evidence of your positive test result, to your employer as soon as possible. Your employer is then legally obliged to pass the claim on to its insurer to make a decision about the claim.
Please contact the Association should you have any questions or require further information on lodging a claim for workers compensation. You should also contact us if your claim is declined.