Worker’s Compensation in COVID-19

A recent case lodged in the Administrative Appeals Tribunal on behalf of an Australia Post employee and Union Member has brought to light the challenges faced by those affected by COVID-19 in the workplace. This case emphasises that employees should not be disheartened by initial denials and highlights the potential for success, even in cases involving less conventional injuries that resolve in quick timeframes.

The Employee, who claimed that the virus had been contracted at their workplace, was met with a swift denial by the Claims’ Department in respect of their claim. The employer asserted that the widespread nature of Covid-19 absolved them of responsibility to provide compensation, indicating that there wasn’t sufficient evidence to pinpoint that the employee contracted the virus at work. The Claims’ Department came to this conclusion despite compelling evidence from the employee's General Practitioner that the infection occurred at work. Furthermore, there were several other employees who contracted Covid at the time indicating an ‘outbreak’ attributable to the workplace facility.

While COVID-19's highly contagious nature makes it challenging to pinpoint exactly where an individual contracted the virus, the evidence presented in this particular instance pointed clearly to a workplace origin. We are glad that the employee quickly sought legal advice, noting the typically strict timeframes to appeal workers compensation decisions.

We are not surprised that almost immediately after lodging the appeal the employer was quick to accept liability for the employee’s claim. We say this in the context of the ‘outbreak’ that was prevalent in the facility at the time in conjunction with the opinion of the employee’s doctor.

This particular employee will now be entitled to have their sick leave reinstated and to have their GP visits reimbursed.

This case highlights several key points in workers compensation. Despite the controversy and unprecedented nature of Covid claims, the virus remains at its core an illness, which, where contracted in the course of employment, is likely to attract the potential for compensation. Employees should not be discouraged by initial denials. Even for injuries that might be perceived as unconventional or not fitting the traditional mould of workplace injuries. We say this especially for federal system employees who are so often ailed by physical injuries as a result of the dedicated manual work and committed hours.

Remember that claims for diseases contracted at work should not be dismissed outright. Every situation is unique, and employees have the right to be heard. By seeking advice, persevering and staying informed, employees can navigate the complexities of workplace-acquired illness and secure the compensation they rightfully deserve.

Robert West
Law Graduate
Angela Sdrinis Legal