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What are my workers compensation rights if I leave Australia?

What are my workers compensation rights if I leave Australia?

If you get injured at work, the NSW’s workers compensation scheme ensures you receive some financial and medical support, covering your medical bills and lost income. But what happens when life takes you beyond Australia’s borders—whether for a brief vacation or a permanent relocation?

If you’re planning a holiday or moving abroad while on workers compensation, consult our expert personal injury lawyers to ensure you keep receiving the benefits you deserve.

Understanding the Legal Framework: The Workers Compensation Act 1987

The cornerstone of workers compensation law in NSW is the Workers Compensation Act 1987 (the Act). The Act outlines the circumstances under which workers who have sustained injuries or contracted illnesses due to their work may receive compensation, including ongoing weekly payments, medical expenses, and other support.

In New South Wales, the management of workers compensation for injured workers who leave Australia, whether temporarily for vacation or permanently for migration, involves specific procedures governed by the State Insurance Regulatory Authority (SIRA). Understanding these processes is crucial to ensure workers maintain their compensation entitlements during their absence overseas.

Workers Compensation While Temporarily Outside Australia

If you decide to travel overseas, you will generally keep receiving weekly compensation payments for a maximum aggregate period of 28 days, provided you have the appropriate medical certificates lodged with the insurer.

To maintain your entitlement during this period, you must:

  • Notify your employer and the insurer about your travel plans. This notification should include:
    • The duration of the trip,
    • The destination, and
    • Contact details while overseas.
  • Obtain a Certificate of Capacity from your treating doctor in Australia before leaving, covering the initial period of absence. For example, if you plan to leave Australia on 15 March, you must have your appointment with your treating doctor on 15 February at the latest to ensure you receive the Certificate of Capacity in time.
  • Secure additional certificates from a medical practitioner overseas if your overseas vacation extends beyond 28 days. Nonetheless, these certificates can only cover a further 28 days and must be from a local doctor, as telehealth consultations with Australian doctors are not accepted.
  • Maintain regular contact with your treating doctor and be sure to attend all necessary medical appointments and assessments. If you need to see a doctor abroad, you must inform their insurer, as this may affect your claim.

Workers Compensation for Permanent Migration

Establishing Permanent Incapacity

One of the critical sections of the Act that directly addresses the rights of workers who wish to leave Australia while still receiving compensation is Section 53. However, a worker must be certified as having  ‘no current work capacity,’ which means that due to an injury, they cannot do their job now or find a new job that they can do.

This determination is not taken lightly; you may need to undergo a thorough medical assessment to establish the permanence of your incapacity. Thus, it is advisable to consult with an expert personal injury lawyer such as ours to ensure that your rights are protected during this assessment process.

We can help you navigate the legal requirements and advocate on your behalf if there is any dispute about your level of incapacity.

Payment Schedule

Per section 53 of the Act, once your payments are approved, your weekly payments will follow the employer’s regular schedule or a timeline you agreed with your insurer. If you plan to move overseas with a different financial system, you can arrange for flexible payment options to make things easier.

Here’s how to set up a different payment schedule:

  • Talk to your insurer about your move and ask to adjust your payment schedule. Let them know about the financial system in your new country and why a different payment frequency would work better for you.
  • Provide any needed documentation about the financial system in your new country, such as currency conversion, banking rules, or payment processing times.
  • Work with your insurer to establish a payment schedule that fits your needs, such as changing from weekly to monthly payments, or setting specific payment dates.
  • Get written confirmation from your insurer about the new schedule to make sure everyone is on the same page.
  • Regularly monitor your payments after the change to ensure they match the new schedule, and contact your insurer right away if any issues come up.

Ongoing Requirements

Even when residing abroad, you must continue to prove your identity and ongoing incapacity. This involves submitting documentation and adhering to the guidelines set by the SIRA. Regular updates and compliance with any prescribed medical treatments or assessments are essential to maintaining your entitlement.

Am I eligible for Lump Sum Payments?

Yes, if you have been permanently impaired, you can still receive lump sum payments no matter where you are. However, it is advisable to get legal advice from BPC Lawyers to finalise all assessments and claims before you leave Australia to avoid any issues.

Rejection of claim of indefinite incapacity

If SIRA disagrees that your ‘no current work capacity’ will continue indefinitely, here are some steps that you can take:

  • Contact the insurer to review their decision. Provide updated medical evidence from your doctor to support your claim.
  • If the review doesn’t resolve the issue, lodge a formal dispute with the Personal Injury Commission (PIC), which will independently review the case.
  • Consult a workers compensation expert such as ours to understand your rights and navigate the dispute process.

Key Considerations

  • Communication: Maintain open communication, whether you’re on vacation or moving permanently to promptly address issues and to avoid misunderstandings or delays.
  • Documentation: It is crucial to keep detailed records of all your communications and medical certificates to ensure you get the compensation you’re entitled to.
  • Legal Advice: It may be beneficial to seek legal advice from an experienced compensation lawyer such as ours to navigate the complexities of your situation, particularly if you are considering a lump-sum settlement before migration.

Conclusion

Travelling abroad or relocating permanently outside Australia doesn’t have to mean the end of your workers’ compensation benefits. By following the SIRA guidelines, you can continue to receive the support you need while recovering from your injury.

However, it’s essential to approach this situation with caution. Always notify your insurer of your plans, adhere to your medical treatment requirements, and provide all necessary documentation to prove your ongoing incapacity.

If you’re facing challenges with your workers’ compensation benefits, especially when considering travel or migration overseas, it’s crucial to consult with our expert team of personal injury lawyers. We are here to protect your rights and ensure you receive the benefits you’re entitled to.

Don’t navigate this complex process alone.  Call us today:  (02) 8280 6900