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ARTICLE · 01 JUNE 2022

Exempt workers: compensation for first responders

Explanation of entitlements available to exempt workers (emergency service workers).

AustraliaEmployment and HR

Introduction

In 2012 and 2015, amendments were introduced to NSW workers compensation legislation. Workers compensation entitlements were reduced for all workers in NSW except emergency service workers including police officers, paramedics, firefighters and lifeguards. As these workers are exempt from these amendments, they are generally referred to as "exempt workers." This article explains the entitlements available to exempt workers.

1. Wage Loss

Exempt workers are entitled to claim weekly payments where they are totally or partially unfit to work as a result of a work-related injury.

During the first 26 weeks post injury, the rate at which a worker is paid is 80% of their Average Weekly Earnings ("AWE") which is calculated as an average of the earnings (including overtime and shift allowances) received in the year prior to the injury. However, if the worker is employed under an award, industrial or enterprise agreement, the worker will be entitled to 100%

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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