Gerard Morson featured on 2GB discussing workers compensation claims – 24 April 2021

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CS-Chris Smith/GM – Gerard Morson /C1,2,3, etc – Callers

Listen to the podcast

Read the transcript below:

CS       I’ve got an email from Sam here, what happens if work sends me interstate from New South Wales and I’m injured, am I still covered by worker’s compensation? Good question.

GM      It is, there’s probably not a lot of interstate travel at the moment, but certainly you are covered by the worker’s compensation laws of New South wales assuming you’re from New South Wales, you will be covered if for example you are at a conference in Queensland and you hurt yourself at that conference, you trip over walking to the pool or something like that, you have your wages and medicals covered under the New South Wales workers compensation scheme and possibly other rights within Queensland but certainly it applies for other States as well, that you will have the protection if your employer sends you interstate and something unfortunate happens to you in the course of your employment.

CS       Okay, question from Mack, Mack says what happens if I’m inured at work and when I move interstate will the worker’s compensation scheme still cover me?

GM      The answer is yes again, and it happens a lot, it gets very cold in New South Wales, and people find themselves in that cold weather wanting to move to Northern Australia particularly Queensland, the short answer is yes, you are still obligated to obtain your Workcover certificates from your treating doctors and specialists but certainly you can move interstate and still have the ongoing protection of a worker’s compensation scheme.

CS       Does that happen a lot?

GM      It does, it’s very difficult when you’re on worker’s comp because you’re getting 80% of your wages in most cases, sometimes but 80% of your base rate doesn’t include things such as penalty rates and overtime which can be quite substantial for people like truck drivers that do a lot of overtime, Sydney is a very expensive place to live in New South Wales as well comparative I guess to a lot of States so people do find themselves moving interstate.

CS       They hog the warmer weather yes. Email from Branko, if I am injured, my total and permanent disablement TPD insurance has lapsed, can I still make a claim?

GM      Branko the answer is it depends, if you’re injured say 3 years ago and you haven’t worked since then and your TPD insurance lapsed say last year following that Royal Commission, as long as your insurance was in place at  the time of your date of disablement or date of injury, then the answer quite simply is yes, you can still make a claim on that superannuation policy and you should do so pretty quickly.

CS       When you say pretty quickly, is there a statute of limitations in terms of time?

GM      Yeah, three years, it’s a contractual dispute, perhaps it could be expanded out to 6 years but the devil is in the detail of those ones so as always don’t delay and call Turner Freeman Lawyers.

Turner Freeman Lawyers is famous for getting people the compensation they deserve. Search Turner Freeman Lawyers, call 13 43 63 or email your enquiry to 2GB@turnerfreeman.com.au