COVID-19 workers compensation loophole closed for nurses\, paramedics and other essential workers

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COVID-19 workers compensation loophole closed for nurses, paramedics and other essential workers

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Nurses, paramedics, teachers and other essential workers will no longer have to prove they were infected with COVID-19 at work to make a workers compensation claim.

The NSW Parliament passed an amendment, raised by the Greens, to workers compensation laws on Wednesday. The changes will cover all workers in industries including health, education, hospitality, entertainment, construction and retail industries. It means they will no longer have to prove they were not infected with the virus while they were at the shops or elsewhere in the community.

Intensive care nurse Wing Besilos welcomes changes to workers compensation laws to provide cover to nurses who become infected with COVID-19.Credit:Brook Mitchell

The general secretary of the NSW Nurses and Midwives' Association Brett Holmes welcomed the amendment, saying it was more likely that a nurse infected with COVID-19 would have contracted the virus at work instead of at the shops.

"We are very pleased the vulnerabilities faced by nurses and other health workers going to work during COVID-19 are recognised in the passage of this amendment," he said.

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"Nurses, midwives and other health workers are putting themselves in the face of danger every day. They certainly shouldn't have to go through a long argument about where they were exposed to this illness if they are required to take sick leave."

The NSW Greens made amendments to workers compensation laws to grant cover to workers who take time off work after being diagnosed with COVID-19.

Casual workers who are diagnosed with the virus within 21 days of last working are also covered.

Payments would be made at the standard workers compensation rates and continue until seven days after a worker had been cleared of the disease or returned to work.

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Benefits would be paid to a worker's dependents if they died from COVID-19.

Greens MP and spokesman for workers' rights David Shoebridge said the changes would cover all workers in industries including health, education, hospitality, entertainment, construction and retail industries.

"This is a win for workers who are looking to politicians to show real leadership, to keep them safe and protect them if they fall ill," he said.

"This is a tribute to the unions and other political parties who backed these Greens' amendments in. It was a case of politics working.

"We hope there will not be a second wave of infections but we also need to be prepared and put in these protective measures in place."

NSW Minister for Customer Service Victor Dominello supported the Greens amendments, which were passed in both houses of Parliament on Wednesday.

"Our frontline heroes are working around the clock to save lives and protect communities," Mr Dominello said.

"This is sensible reform that will provide them with peace of mind and protections in their hour of need.

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"I would like to sincerely thank David Shoebridge for his advocacy and collaboration on this matter."

Intensive care unit nurse Wing Besilos, who is also a NSW Nurses and Midwives' Association (NSWNMA) councillor, told The Sydney Morning Herald that she and her nurse colleagues feared getting COVID-19 from their patients.

She said nurses who contracted the coronavirus would welcome an exemption from having to prove they were infected at work if they need to make a claim.

"Apart from the stress of getting COVID that would be a big relief not to have to prove you got it from work and be compensated properly for it," she said.

Federal Greens leader Adam Bandt said he has written to the Federal Government urging it to follow the NSW example at a Commonwealth level.

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