Overview
Health workers—including hospital staff, paramedics, public health employees, disability workers, aged care workers, allied health, and cleaning staff in health environments—are covered by special workers compensation protections if they contract COVID-19.
Under Section 19B of the Workers Compensation Act 1987, COVID-19 is legally presumed to be work-related for anyone employed in the health care sector or in disability and aged care facilities, unless the employer or insurer can prove otherwise. This significantly strengthens health workers’ rights to workers compensation.
This article outlines how the presumption works, what health workers should do when they test positive, and what employers are required to do.
Attached to this article is a member facing fact sheet targeted to Aged Care workers.
Your Workers’ Compensation Rights Under Section 19B
Section 19B(1) establishes that if a health worker contracts COVID-19 while employed in prescribed employment, it is automatically presumed that:
- The infection occurred in the course of employment, and
- Work was the main contributing factor (or a substantial contributing factor for some categories under clause 25, Part 19H of Schedule 6).
This presumption applies to all workers in the health care sector, including:
- Nurses and midwives
- Paramedics and ambulance officers
- Hospital clinical and non-clinical staff
- Health service administrative workers
- Disability support workers
- Aged care workers
- Health-related cleaning, security and support staff
- Contractors working on-site in health facilities
The employer or insurer must disprove work connection, not the worker.
2. How COVID-19 Is Recognised as a Work Injury
A worker is legally taken to have “contracted COVID-19” where any of the following occur:
- A positive medical test result that meets regulatory requirements (Section 19B(2)), or
- A medical practitioner classifies the worker as having COVID-19 based on clinical or epidemiological criteria (Section 19B(3)), or
- The worker dies as a result of COVID-19 (Section 19B(4)(c)).
The date of injury is the earliest of diagnosis, classification, or death (Section 19B(4)).
3. Presumed Incapacity for Weekly Payments
Section 19B(5) states that health workers covered by the presumption are presumed to be incapacitated for work from the date of injury until:
- A date set by regulation, or
- If no such regulation exists, 7 days after a medical practitioner certifies that the worker no longer has COVID-19.
This helps streamline entitlement to weekly compensation payments.
4. Casual Health Workers Are Also Covered
Casual workers qualify for the presumption if they worked at least once in the 21 days before the injury (Section 19B(6)). This includes:
- Agency nurses
- Bank or pool staff
- Sessional clinicians
- Casual disability and aged care staff
- Health cleaning or security staff
What Health Workers Should Do When They Test Positive
If you test positive for COVID-19:
- Notify your employer as soon as possible, ideally the same day,
- Follow up in writing (email is best), and
- Attach a photo or copy of your positive RAT or PCR result.
This serves as the initial notification of injury for workers compensation purposes.
Keep notes of:
- The date of your positive test,
- Your usual workplace, ward or service, and
- Any known outbreaks or specific exposure events.
These details may be helpful if the insurer asks for further information when considering your claim.
3. Obtain a Certificate of Capacity
To progress a workers compensation claim, you should:
- Attend a medical consultation (in person or via telehealth where appropriate),
- Obtain a Certificate of Capacity confirming you have COVID-19 and are unfit for work, and
- Provide the certificate to your employer as soon as possible.
The Certificate of Capacity is essential for weekly payments and ongoing medical entitlements.
Employer Obligations Under the Act
Once notified of the injury, employers must:
- Forward the workers compensation claim and supporting documents to their insurer within 48 hours, and
- Allow the insurer, not the employer, to decide liability under the Workers Compensation Act.
Under Section 19B, the presumption that COVID-19 is work-related for health workers makes it significantly harder for insurers to deny claims.
If the Claim Is Approved
If your COVID-19 workers compensation claim is accepted, you may be entitled to:
- Weekly payments to replace lost income during your incapacity,
- Payment or reimbursement of reasonable medical and related treatment expenses,
- Reimbursement of out-of-pocket costs (keep receipts), and
- Reinstatement of sick leave if it was incorrectly deducted while you were off work due to COVID-19.
Where ongoing symptoms or long COVID cause lasting impairment, permanent impairment entitlements may also be available. Section 19B(8)(b) specifically allows regulations to address permanent impairment arising from COVID-19.
Important: Employers Cannot Force Workers to Use Leave Instead of Workers Compensation
Because COVID-19 is presumed to be a work-related injury for health workers under Section 19B, employers should not:
- Deduct sick leave in place of workers compensation,
- Deduct annual leave or long service leave, or
- Place workers on leave without pay for periods covered by accepted workers compensation.
If this occurs, members should seek advice, as leave may need to be reinstated once a claim is accepted.
When to Escalate to the Member Services Division (MSD)
Refer a member to the Member Services Division if any of the following occur:
- The employer refuses or delays lodging the claim with the insurer,
- Leave is deducted despite a positive COVID result and a claim being made,
- The insurer disputes or denies the claim contrary to the Section 19B presumption,
- The employer pressures the worker to return to work while still unwell or infectious,
- Casual workers are told they are not covered, despite working in the 21 days before injury, or
- The worker experiences long COVID or other ongoing symptoms that may amount to a permanent impairment.
Support for Health Workers
If a health worker needs advice or support with a COVID-19 workers compensation issue, they can contact:
HSU Member Services Division – 1300 478 679
www.hsu.asn.au