Continued weekly compensation payments outside Australia
Workers compensation claimants who leave Australia will continue to be entitled to weekly compensation payments, so long as they provide proof of identity and proof of incapacity.
The legislation provides for weekly payments to continue if an injured worker is living outside Australia. The key elements:
- For weekly compensation payments to continue the injured worker must, at not less than 3 month intervals, provide proof of identity and proof of ongoing incapacity.
- The duration of compensation payments will be a maximum of 104 weeks from when the worker starts living outside Australia.
- Flexibility will exist for applications to be made to the Work Health Court for payments beyond 104 weeks if the worker is permanently and totally incapacitated, or exceptional circumstances apply. However any such extension by the Court must be a single period that does not exceed 104 weeks.
The entitlement to medical, hospital and other treatment costs or a permanent impairment lump sum continues to be payable outside of Australia. No time limit applies.
Information for Workers
If, while being paid workers compensation, circumstances arise that require you to live outside Australia, you will need to provide proof of identity and proof of incapacity in the approved form – the Declaration of worker residing outside Australia form. This declaration form is to be completed by you and by the doctor who is treating you outside Australia.
Responsibility to supply the form rests on you and if it is not given to your employer or insurer, compensation for weekly benefits will not be paid while you reside outside Australia.
Copies of the approved declaration form will be sent to you by the insurer or employer but can also be obtained from NT WorkSafe.
If you are required to leave Australia and your Doctor has indicated you remain unfit for work it is suggested you contact the insurer handling your claim or seek legal advice in relation to your ongoing entitlements.
Continued weekly compensation payments outside Australia (V1.2 – 13 June 2012)