ARTICLE · 12 OCTOBER 2020

Legislative changes (COVID-19) – Workers Compensation and Injury Management Amendment (COVID-19 Response) Act 2020 (WA)

Kott Gunning

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These laws address a small number of workers compensation "priority issues in response to the COVID-19 pandemic" in WA.

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Stephen Williams

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The Workers' Compensation and Injury Management Amendment (COVID-19 Response) Act 2020 and supporting Regulations come into effect on 12 October 2020 address a small number of what the WA Government considers to be "priority issues in response to the COVID-19 pandemic". There are 5 key areas and they are summarised below:

1. Presumption of a work-related injury for COVID-19 contracted by health care workers

The Government acknowledges health care workers are at a heightened risk of COVID-19 the introduction of a rebuttable presumption of a work injury will ensure the scheme supports them if they contract the disease. It applies if:

The worker is diagnosed with COVID-19 by a medical practitioner based on a prescribed test result or the worker dies from COVID-19 before such a diagnosis.

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