Police Officer Injury Claims in NSW

Am I eligible for workers compensation?

As a police officer injured at work, you’re eligible for workers compensation regardless of:

• Who’s at fault.
• Whether you were full-time or part-time (depending on your circumstances).
• If the injury is psychological — as long as it’s a recognised psychiatric illness like depression or PTSD.

How much compensation will I get?

Police officers are considered ‘exempt workers’, meaning they’re eligible for higher workers compensation compared to regular workers. Your basic entitlements include:

• Weekly payments covering up to 100% of your lost earnings for the first 26 weeks (compared to regular workers who get up to 95% of their lost earnings for the first 13 weeks).
• Lifetime cover for all medical expenses related to the injury.
• Rehabilitation, counselling and other support services.
• Travel expenses.

After the first 26 weeks, you’ll receive a fixed rate of $593.40 per week or 90% of your pre-injury earnings (excluding overtime, shift work, special expenses, and penalty rates) — whichever is less.

This will continue for up to seven years or until you turn 60. Just keep in mind that the maximum weekly compensation is capped at $2,522.90. This amount applies until 31^st March 2025 and is updated in April and October each year.

Permanent impairment lump sums

As a police officer, you can also claim a lump sum for permanent impairment or pain and suffering if your injury leads to ongoing issues. This involves having your Whole Person Impairment (WPI) assessed by an independent medical professional.

For physical injuries, you’ll need a WPI of 1% to receive a lump sum. In comparison, standard workers need at least an 11% WPI to be eligible. For psychological injuries, your WPI must be assessed at 15% or more — and that’s the same threshold that applies to regular workers.

To claim for pain and suffering on top of this, you’ll need a WPI of 10% or more.

Before making a claim for permanent impairment or pain and suffering, it’s important to talk to an expert lawyer. We’ll make sure your WPI assessment is fair so you get the maximum compensation for your injuries. If your WPI has already been assessed but doesn’t reflect the seriousness of your condition, we can challenge the assessment and fight for what you deserve.

Catastrophic exceptional extension payment

Starting 1st October 2024, NSW Police officers won’t be able to claim lump sum payments for Total and Permanent Disability (TPD). Instead, police officers with permanent or catastrophic injuries can apply for a ‘catastrophic exceptional extension payment’ under the new Enhanced Police Support Scheme (EPSS). If approved, you’ll get up to 75% of your salary for an additional three years after your initial seven years on workers compensation.

The new scheme provides essential long-term support, but it also has strict requirements — you’ll need strong medical evidence to show how serious your injury is and how it impacts your daily life.

Since the EPSS is a brand-new and complex area of law, it’s crucial to have a lawyer who knows the ins and outs of the scheme. We’re here to help you understand your rights, navigate the process, and put together a strong case to meet all EPSS requirements.

Income protection is a type of insurance that provides financial support if you’re temporarily injured, whether on or off duty. Many recent NSW police force insurance policies include income protection coverage.

Generally speaking, you’ll receive:

• Regular wage-replacement payments: up to 75% of your salary at the time of your injury, including super.
• Payments for a set period: up to seven years for on-duty claims and two years for off-duty claims.

Importantly, there’s a waiting period before payments begin. This starts from the date a medical practitioner certifies that you’re unable to work. For on-duty claims, the waiting period is 273 days, and for off-duty claims, it’s 60 days.

During the 273-day waiting period for on-duty injuries, officers will continue to receive 100% of their current salary paid by the Police Force.

If the SAS Trustee Commission (STC) finds you medically unfit to serve in the police force due to a physical or mental condition, you may qualify for an annual superannuation allowance. This allowance is provided by the Superannuation Advisory Committee.

The exact amount you receive will be based on a few things, like:

• Your salary when you retire or are discharged.
• How many months you’ve worked in the police force.

In some exceptional cases, you could be eligible for a higher superannuation allowance.

Exceptional circumstances

If you’re totally unable to work outside the police force, and the STC believes your injury happened because you were exposed to risks that most officers don’t usually face, you might be eligible for an extra superannuation allowance.

This allowance ranges from 12.25% to 27.25% of your salary, depending on the level of risk you were exposed to. It’s then multiplied by your years of service.

If you’re considering making an exceptional circumstance claim, don’t hesitate to reach out. Our experienced lawyers specialise in super allowance claims and will fight to get you the highest possible allowance for your situation.

Medical expenses

If you were sworn in before 1^st April 1988 and have stopped work because of a work-related condition, the STC is required to cover all your medical expenses. Just keep in mind, the medical expenses you claim must be related to the condition that caused you to stop working.

A common law damages claim offers substantial lump sum compensation if your injury was caused by your employer’s negligence. When it comes to police officers, your ‘employer’ can include your direct managers, the Commissioner of Police, or even the state itself.

You can claim for any work-related condition, whether it’s a physical injury or a psychological condition like anxiety, depression or PTSD.

Unlike weekly workers compensation payments, a common law damages claim offers a large lump sum, worth hundreds of thousands of dollars. If your condition is severe, you could get millions.

While workers compensation requires regular doctor visits to confirm you’re still eligible for payments, a common law damages claim has no ongoing doctor appointments or insurer requirements. Once you get your lump sum, that’s it — no strings attached.

With so much compensation on the line, it’s essential to consult a lawyer before starting your claim. We’ll confirm if you’re eligible for common law damages, guide you through the process, and make sure any other benefits you’ve received don’t affect your ability to make a common law claim in the future.

How to make a common law damages claim

To make a successful claim, you’ll need to meet four basic criteria:

1. Your employer breached their duty of care: all employers have a ‘duty of care’ to their employees, meaning they must take reasonable steps to protect you from harm. Even in jobs like policing, where the risks are higher, your employer still has to take steps to minimise your risk. If they fail to do so, this can be seen as a breach of duty of care.
2. Their breach of duty caused your injury: you need to prove that your employer’s breach of duty directly caused your injury. This means showing that your injury was a direct result of your employer’s negligent action (or their failure to act), and that your injury was a ‘reasonably foreseeable’ consequence of this negligence.
3. You have at least 15% WPI: you must have 15% or more Whole Person Impairment (WPI). To determine your WPI, a medical professional will assess your injury based on factors like how the injury has impacted your life and any pre-existing conditions.
4. You’ve received all your statutory lump sum benefits: you must first receive all your statutory lump sum benefits before making a common law damages claim. These are additional payments you can get alongside your weekly workers compensation, such as a permanent impairment lump sum.

If you’ve been injured because of work, it’s crucial to:

• Report your condition to your employer right away.
• Seek medical treatment and get a ‘certificate of capacity’ from your GP.

Make sure to talk to a lawyer as soon as possible. During a free consultation, we’ll listen to your story and explain all your potential entitlements, including any extra lump sum benefits and superannuation claims.

The law around police officer injury claims is always changing, so it’s crucial to get advice from an expert to fully understand your options before starting a claim.

Your lawyer may need to gather medical details from your treating doctors to fully understand your condition and how it impacts your daily life. We also work with our national network of doctors, psychologists and other medical experts to strengthen your claims.

As part of this process, we may ask you to attend an independent medical examination with one of our trusted doctors. If this happens, we’ll cover all the costs, and there’s nothing to pay unless we win your claim.

We’ll handle all the paperwork, lodge your claims, and ensure you meet any important deadlines. This allows you to focus on your recovery while we take care of the legal details.

Depending on the type of claim, you may need to attend a settlement conference. During this, your lawyer will negotiate with the insurer on your behalf, aiming to get you the maximum compensation while protecting your right to make any other claims. Throughout the process, your lawyer’s goal is to ensure you receive the highest possible compensation for your condition.

Yes, time limits do apply to police officer claims in NSW, but they vary depending on the type of claim.

If you’re outside the time limit, don’t stress — you still have options. Our lawyers have spent over 25 years handling police officer injury claims and can apply for a time-limit exception on your behalf.

• Workers compensation: you generally have six months from the date of the injury to report the injury to your employer. You then have up to three years to start your claim.
• Superannuation allowance: there are usually no strict time limits for claiming superannuation allowances, but the claim must be made within a reasonable period following the injury. It’s best to act quickly to avoid complications, and the process should be started as soon as possible.
• Income protection: you generally need to make your claim within six months of developing your injury.
• Common law damages: you typically have 3 years from the date of the injury to make a claim.

If a police officer dies on duty, their spouse, de facto partner, or children may be entitled to several benefits, including:

• A lump sum payment: each dependent will get a share of a lump sum payment, currently $938,600 as of 1 October 2024. If there are no dependants, the payment goes to the legal personal representative.
• Weekly payments: a set amount for each dependent child up to age 16 (or up to age 21 if they’re in full-time education). This is currently $168 per week and increases each year with inflation.
• Reasonable funeral expenses: up to $15,000, with extra transportation costs for the worker’s body also covered.
• Family superannuation payments: the family could receive an annual superannuation allowance, usually a percentage of the officer’s final salary. The exact percentage depends on the circumstances of the death and how long the officer served. If the officer’s death was due to exposure to risks beyond what’s normal in their duties, the family might get an extra 7.5% on top of the regular payments.

What happens if a police officer dies off duty?

If a police officer dies while off duty, their dependents are entitled to a lump sum. The exact amount is based on several factors, including:

• The total number of months the officer worked full-time and part-time (up to a maximum of 360 months of full-time service).
• The additional months they would have worked had they lived to 55 (as long as the total service doesn’t exceed 360 months).
• The officer’s salary at the time of death.

This lump sum is usually paid to the officer’s spouse or de facto partner. If they’re not survived by a partner, the payment goes to the officer’s personal representatives.