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New claims pathway for first responders and eligible employees with post-traumatic stress disorder
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What you need to know…
- On 12 May 2021, the Queensland Parliament passed new workers’ compensation laws that provide a streamlined claims pathway for first responders and eligible employees diagnosed with post-traumatic stress disorder (PTSD). The new laws will commence on Assent.
- Under the pathway, if a first responder or eligible employee has a PTSD diagnosis from a psychiatrist, their claim is accepted without further investigation or retelling of their stories throughout the compensation process, unless there is evidence to the contrary.
- First responders and eligible employees without a specialist diagnosis are encouraged to lodge their claim to access free early intervention treatment and support, and workers’ compensation insurers will arrange and fund a specialist diagnosis once the claim is lodged.
- Reasonable management action taken in a reasonable way cannot be used to rebut the presumption as the causal factors for PTSD do not arise from reasonable management action.
- All existing statutory review rights apply.
This is important because…
First responders and eligible employees find the legislative test for injury a significant barrier in making a worker’s compensation claim. This is because they may be unable to identify one particular incident that caused their injury due to their cumulative exposure to trauma.
Your toolkit…
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