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Workers Compensation  

Nowadays most claims fall under the Workers Compensation legislation as amended, except for the 2012 legislative reforms that do not apply to police officers because they are designated exempt workers.  (Any police sworn before 1 April 1988, are welcome to make contact for information relevant to them and in relation to the Police Regulation (Superannuation) Act 1906)

Statutory Benefits

Statutory benefits are available to workers injured physically or psychologically in the course of their employment, without the need to prove fault on the part of the employer.  In the case of physical injuries, the injured worker needs to establish that injury arose out of or in the course of employment and employment was a substantial contributing factor to the injury.  In the case of a primary psychological injury (distinguishable from a secondary psychological injury that results from frustration, stress and anxiety over time over physical injures), the injured worker must establish that the employment was the main contributing factor to the injury.  Once that is done, unless the employer can prove that the injury was wholly or predominantly caused by reasonable action on its part with respect to matters such as promotion, demotion, transfer, performance appraisal, liability will be established and the entitlement to benefits arises. 

If incapacity and loss of income results from the work injury, the injured worker is entitled to weekly payments of compensation.  The amount of the benefit depends on the nature and period of the incapacity. 

Injured workers are entitled to reasonable necessary medical and related expenses.

If an injured police officer has a physical injury that results in whole person impairment of as little as 1%, they can recover lump sum compensation.  In the case of psychological injury, the injured police officer must meet a threshold of 15% WPI.  An additional lump sum for pain and suffering is recoverable if WPI is at least 10%.    

Section 66 and 67 benefits for permanent impairment and pain and suffering are tax-free lump sums.  The sums will depend, respectively, on your % WPI and factors such as age, seriousness of injury and magnitude of symptoms, duration of injury, nature and extent of unfitness for work, treatment received and ongoing treatment needs, success of treatment, suffering, loss of enjoyment of life, impairment of activities of daily living.  The maximum payable for pain and suffering is $50,000.  That is payable to a “most extreme case”.  Injured workers that are not a most extreme case, receive a proportion of the $50,000 maximum.   

Work Injury Damages

If and when a statutory section 6 and 67 lump sums claim is finalised in favour of the injured worker, the injured worker can then elect to pursue a work injury damages claim.  Unlike statutory claims, in a WID claim an injured worker must establish that there was fault (most commonly negligence) on the part of the employer and that caused the injured.  Employers have a duty to provide a safe place and system of work.  

In a WID claim an injured worker can claim lost income including overtime, loadings etc, minus statutory wages compensation benefits received, Fox v Wood (tax deducted from statutory wages compensation payments by the workers compensation insurer from time to time) and superannuation from the date of injury / incapacity for work up to the date of settlement.  One can also claim future economic loss damages for loss of future earning capacity from the date of settlement up to the date of retirement age and loss of superannuation for that period. 

IP & TPD

If a police officer was hurt on duty and can establish that they are unable to work in employment for which they are suited by reason of their education, training and experience, they could be entitled to income protection benefits (as a percentage of current salary) for up to 7 years.  IP payments will be reduced by the amount of workers compensation benefits received from time to time. 

If you a police officer who is permanently unfit for employment for which they are suited by reason of their education, training and experience, they could be entitled to a total and permanent disablement benefit.  That will be a lump sum. 

Relationship between IP/TPD claims and workers compensation / WID claims

In our experience, for injuries prior to October 2019, once the section 66 and 67 and WID claims are completed, IP payments are no longer be reduced by the amount of the statutory workers compensation benefits but are paid at the full rate allowed under the policy for the remainder of the 7 years (if the 7 years had not already been exhausted).  It appears that, for injuries after October 2019 IP payments will remain reduced by statutory payments and the WID payout, and may cease altogether.  Policy terms and conditions should be considered in each case.

This is general information only.  It should not replace individual, personal advice.