When you are on workers’ compensation in NSW, you are generally entitled to weekly compensation for loss of wages, reasonably necessary medical treatment expenses, and lump sum compensation if you sustain a permanent impairment.
The aim of the workers’ compensation scheme is to return injured workers back to the role they were doing before the injury. With this in mind, a question that may get asked is whether you are able to travel or permanently move interstate or overseas whilst receiving workers’ compensation benefits.
Travelling interstate and overseas while on workers’ compensation
Travelling interstate
If you’re on workers’ compensation and weekly payments, the certificate of capacity provided by your GP indicates that you have a reduced capacity or no capacity to work. Depending on the nature of your injury, travelling interstate can lead an insurer to question your capacity to work.
For example, if you have a lower back injury and have been advised by your treating doctors you cannot sit more than 15 minutes without stretching, going on a road trip from Sydney to Melbourne would not bode well in the eyes of the insurer. In this case the insurer would likely get a review on the restrictions that have been placed on you.
Travelling overseas
If you are travelling overseas, you may be able to continue to receive weekly payments if you are able to keep your certificates of capacity up to date.
In most cases, certificates of capacity need to be renewed every 28 days. If you plan to go overseas for less than this time, this should not impact your weekly payments. However, if your travel overseas is longer than this time, you would need to obtain certificates of capacity before the last one expires and provide this to the insurer.
If there is a high degree of certainty your capacity is unlikely to change whilst you are overseas, your GP could extend your certificate beyond 28 days to the time you plan on returning from overseas. Your GP would need to provide clear reasons why they believe your capacity would not change for the duration of the certificate.
It is extremely unlikely that an insurer would accept a certificate of capacity issued by an overseas doctor. This is most likely due to overseas doctor’s not having any understanding of workers’ compensation requirements in NSW. Further, telehealth consultations with your GP in Australia while overseas may cause issues with compliance with certain medical regulations.
Generally speaking, traveling (interstate or overseas) with an intention to return to NSW is not going to be an issue as long as it can be shown that any travel was in line with the restrictions and symptoms experienced at the time of travel and certificates of capacity are kept up to date.
Moving interstate permanently while on workers’ compensation in NSW
The workers’ compensation legislation does not prevent compensation being paid when an injured worker moves permanently interstate. However, the overarching goal of the scheme, which is to return the injured worker to their substantive role or a similar role, will always need to be considered.
For example, if an injured worker has a knee injury that requires approximately 4 months off work, it would not be advisable that the injured worker moves interstate permanently with no job lined up in the future. In this scenario, the insurer would likely consider the injured worker would not be complying with their duties to work towards returning to their substantive role.
An example where relocating interstate may be considered acceptable would likely be if the injured worker’s treatment team indicated that the worker could no longer work in their substantive role or they have been terminated from their employment due to their medical condition. Unless the injured worker’s treatment team has indicated that the worker’s capacity will continue as “no capacity indefinitely”, if they relocate interstate, they would still need to show they are complying with their return-to-work obligations.
Moving outside of Australia permanently while on workers’ compensation in NSW
Claims can become complex if an injured worker permanently moves overseas. This is addressed under section 53 of the Workers Compensation Act 1987 (NSW). This section states that an injured worker may continue to receive workers’ compensation payments if the insurer or the Personal Injury Commission has determined that the incapacity for work is likely to be of a permanent nature.
This would involve the insurer putting the injured worker through various tests and medical examinations to reach this determination. There is no certainty that the insurer would agree to this, and it is likely this issue would need to be determined in the Personal Injury Commission.
In all cases of travel and relocation while receiving workers’ compensation benefits, it is extremely important to keep the insurer, and in some cases your employer, updated with your movements. The question of whether workers’ compensation entitlements will continue if an injured worker leaves the state or country will always depend on the individual facts of the claim and the injured worker’s situation.
Get help from a workers’ compensation lawyer
Before making a decision to travel interstate or overseas for a significant period of time or move permanently outside of NSW, it is always a good idea to contact a workers’ compensation lawyer to provide you with specific advice as to how this may impact your entitlements.