Changes to Workers’ Compensation Legislation for First Responders

The Queensland government has recently changed the legislation for workers’ compensation for First Responders who are suffering from Post-Traumatic Stress Disorder (‘PTSD’) due to the nature of their work. The new pathway has created a more simplified approach for these workers to get much needed support, treatment and assistance from worker’s compensation (“the new pathway”).

First Responders are typically workers who respond to life threatening and/or traumatic incidents, where their response is required to possibly prevent death or injury to a person, or to prevent property or environment damage.

First Responders are working in positions that require them to experience repeated or extreme exposure to graphic details of traumatic incidents when they attend the scene of a traumatic incident.  They often experience traumatic incidents as they are happening and they also have to investigate, review and assess traumatic incidents that have happened to other people. The nature of their work means First Responders are more susceptible to suffering from PTSD.

Before the changes to the legislation, First Responders had to prove that their PTSD was work-related before they could make any claim for workers’ compensation and there would often be long delays before the claimant was able to seek treatment for their injury.

Under the new pathway, if a First Responder has been diagnosed with PTSD, it will be deemed that the PTSD was a work-related injury and they will be eligible apply for workers’ compensation under this new scheme, unless there is evidence that the PTSD is due to a non-related work incident (i.e. a car accident that was not connected to your work). The First Responder will have quicker access to treatment that will be funded by workers’ compensation to help them get the support and help needed.

Some examples of persons considered to be First Responders are:-

1. police officers and police recruits.
2. ambulance officers.
3. child safety officers (authorised officers).
4. corrective services officers.
5. youth justice staff members.
6. firefighters, fire services officers, members of the State Emergency Service and members of the rural fire brigade.
7. doctors and nurses working in emergency and trauma care; acute care; critical care; and high-dependency care.
8. coal miners and other miners who perform a mines rescue.

If you volunteer in a First Responder type role and you have been diagnosed with PTSD, you may be eligible to apply for the new pathway.

Claims under the new pathway must be lodged within six months of being assessed by a psychiatrist and receiving a diagnosis of PTSD.

If your claim is accepted, you will be able to access the following entitlements:-

1. Weekly payments for lost wages if you are unable to work due to your PTSD.
2. Payment of your medical and treatment costs.
3. Helping you return to work by organising a suitable duties program or vocational rehabilitation.

If the work-related injury you have suffered has caused a permanent impairment, you may be eligible for a lump sum payment and/or to pursue common law damages.

The new pathway came into effect on 20 May 2021. If you or someone you know may be eligible to make a claim for workers’ compensation under the new pathway and requires legal advice, including advice regarding an entitlement to seek common law damages, we have experienced solicitors within the firm who can assist.