9 Jan 2025NSW emergency service workers like paramedics, police and firefighters who want to claim workers compensation for a work-related injury or illness come under different laws and rules to other workers.
Emergency service workers classified as “exempt workers”
NSW police, paramedics and firefighters are classified as what are referred to as “exempt workers” and are not subject to changes made to the NSW Workers Compensation Acts in 2012 and 2015. (Please see Workers Compensation Amendment Act 2015 No 18.)
Workers compensation benefits, timeframes pertaining to weekly benefits and medical expenses; and lump sum payments are calculated differently for exempt workers to how they are calculated for other workers who are injured at work in NSW.
The compensation system is complex and navigating it can be difficult, particularly if you are also coping with trauma and life changes caused by the injury or illness you suffered while carrying out your duties as a police officer, firefighter or paramedic.
Workers comp entitlements for emergency service workers
Only exempt workers can claim lump sum payments in NSW for a physical injury that is between 1 to 10 per cent of their whole person impairment. For non-exempt workers, lump sum payments can only be made if the physical injury is 11 per cent or more of whole person impairment.
Exempt workers are also eligible for lump sum payments for pain and suffering caused by the work-related injury, up to a maximum of $50,000. To be eligible for this component, there must be 10 per cent or more whole person permanent impairment.
Exempt workers may also be entitled to more than one lump sum claim, unlike other workers, who only get to make one lump sum claim. (Please see Paid first responders, NSW Government State Insurance Regulatory Authority.)
Claiming workers compensation as an emergency service worker
I have assisted many people through this difficult period to get the best possible result from the compensation process. Many deadlines need to be met, and medical reports obtained to ensure you get what you are entitled to.
You would be wise to get legal advice on how to proceed. Lawyer fees can be paid by the insurer. Even if you are not an exempt worker, the Independent Review Office in NSW (or “IRO”) will be able pay your legal fees to obtain initial advice on your entitlements. (Please see Helping people injured at work and in motor vehicle accidents, Independent Review Office.)
There is nothing to lose by obtaining professional advice, so that you always receive the maximum benefits to which you are entitled.
