National Workers Compensation newsletter

23 April 2020

Welcome to the latest edition of the HWL Ebsworth National Workers Compensation Bulletin.

We are delighted to bring you a series of articles reflecting recent developments surrounding the COVID-19 outbreak and the implications for workers, employers and insurers across Australia.

We trust you will find this edition of our Bulletin helpful and informative.

In addition to this Bulletin, we would like to introduce to you the HWL Ebsworth COVID-19 Resources page, which also contains the latest legal COVID-19 updates. To view more resources please click here.

Should you wish to discuss any of these articles in any more detail, please contact any of our partners.

A new frontier: Employer and insurer exposure in the ACT for workers compensation claims as a result of COVID-19

ACT workers are in a unique position. The principles affecting the assessment of whether the contraction of COVID-19 is compensable are similar, but different, depending on whether you work for the government or not.

To find out more, click here.

The workplace and workers compensation landscape in New South wales post COVID-19

Employers nation-wide will be concerned about whether COVID-19 will lead to a surge in workers compensation claims. This is a fair concern for most workplaces. This article explores workers eligibility for claims, work from home arrangements and what the New South Wales Government means by ‘essential’ workers .

To find out more, click here.

Fortress territory: COVID-19 and workers compensation in the Northern Territory

This article discusses how employers and insurers in the Northern Territory will need to evaluate whether liability for a claim for compensation for the contraction of COVID-19 should be accepted based on the best available medical information within the time limits imposed by section 85 of the Return to Work Act 1986 (NT) and the Return to Work Regulations.

To find out more, click here.

Unprecedented times: Safely navigating the workplace health and safety and workers compensation implications arising from COVID19 in Queensland

This article looks at workers compensation implications of COVID-19 in Queensland and how employers can manage the risks stemming from COVID-19. We further explore what measures employers can put in place to protect their workers and their obligations around rehabilitation and return to work for injured workers with accepted claims are ongoing.

To find out more, click here.

COVID-19: What are the workers compensation risks and impacts in South Australia?

This article explores the workers compensation risks and impacts of COVID-19 on your claims portfolio in South Australia.

To find out more, click here.

Empty supermarket shelves but unlikely compensation claims in Tasmania

How is COVID-19 effecting Tasmania and as an employer what should you be worried about? This article looks at how a worker would need to establish on the balance of probabilities that they had contracted the virus in the course of carrying out their employment duties before they are eligible to lodge a claim workers compensation scheme in Tasmania.

To find out more, click here.

Workers compensation liability and COVID-19 – the Victorian position

This article explores statutory and common law liability for employers, claims agents and the regulator in Victoria in respect of COVID-19 and how the disease might raise issues of liability for compensation not traditionally addressed under the Victorian regime.

To find out more, click here.

COVID-19 and its potentially unanticipated consequences for WA employers

The initial question asked in relation to COVID-19 and workers compensation centred on the circumstances where contracting the disease might result in a workers compensation liability. As the curve continues to flatten, we discuss our views on claim liability, as well as some of the unanticipated consequences of employers’ management of the social distancing restrictions.

To find out more, click here.

COVID-19: Workers Compensation Regulatory Response

The following table sets out the manner in which the workers compensation regulators in each State and Territory have responded to the current health crisis.

To find out more, click here.

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