Compensation pay-out for NSW Police Officers injured on the job

Police officers with a permanent impairment level of at least 15%WPI could remove themselves from the workers compensation scheme in exchange for a tax-free lump sum payment.

These claims are known as Work Injury Damages (WID).

Eligibility

Whilst the first criteria to bring such claim is satisfying the above impairment threshold (for a section 66/67 claim), negligence by the Police Force, in causing your injury, must also be established.

Psychiatric injuries

Recent Court decisions in Briggs and Sills established some principles around proving the liability of the Police Force for psychological injury sustained by their officers.

Briggs missed out on work injury damages because he failed to identify a system of work which was not, but allegedly should have been, in place.

Sills, was successful. By contrast they did not argue the Force was negligent because it had an inadequate system of work, which could have been better. What was challenged was the proper implementation of a safe work system in dealing with the Officer, in circumstances where the Force knew of the Officer’s exposure to multiple traumatic incidents in a short period of time, and that the officer was suffering from PTSD. Evidence showing that the Police Force neglected to act upon the recommendations by a police psychologist and PMO (police medical officer) about providing protective strategies, mentorship and monitoring the officer helped establish the failure to properly implement it’s system of work, which gave rise to the breach. 

Compensation payable

A WID claim is limited (by Law) to economic loss only, which is made up of: Loss of past earnings; Loss of future earnings; Loss of superannuation – on past and future loss of wages; & Tax paid on your workers compensation weekly benefits.

Medical expenses, domestic assistance and pain and suffering cannot be claimed.

Claim Process

These claims are dealt with outside of the workers compensation scheme. In order to initiate a claim, a Notice, setting out required particulars of the case, is to be served upon the Police Force.

The Insurer is to determine the claim within 2 months of receiving the above notice. If liability is denied (and it usually is), the next requirement is to serve a pre-filing statement of claim, setting out pleadings, particulars and all evidence to be relied upon as if the matter were to proceed to Court. A Defence is to be served in reply no later than 42 days from receipt of the PFSOC.

The parties are then required to attend a mediation, before commencing Court Proceedings.

Advantages of a WID claim

A successful WID claim results in the receipt of an upfront, tax-free, lump sum payment. It essentially removes officers off the drip system, as it brings to an end all of their rights and entitlements to workers compensation benefits. Many, if not all, find the pay-out desirable – not just from a financial perspective but also in terms of their recovery. They no longer have to deal with an insurer and they can get on with their lives, freely, focusing on their health and wellbeing – and that’s what matters most!

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