A recent ruling on a retired railway workers knee replacement as an artificial aid has overturned the 5 year limit for ongoing medical care in New South Wales in relation to Workers Compensation claims.
Since 2012 amendment to workers compensation laws in NSW have meant that the capacity of an injured worker to seek compensation for ongoing medical treatment of workplace injuries that subsequently deteriorate overtime was significantly reduced. However, in a landmark decision the NSW Workers Compensation Commission challenged the precedent that the injured worker was not entitled to compensation for a knee replacement, despite clinical evidence in 2016 that a 1999 injury was directly related to deterioration found, citing that his knee replacement was both necessary because of the initial injury and that his surgery fell within the definition of an artificial aid.
The injured worker, now in his 60s, injured his knee in an accident at work that ended his career and became progressively worse over time.
The decision of the Workers Compensation Commission has significant implications for injured workers and now other affected persons might be able to claim compensation in similar circumstances.
Any worker who now requires knee replacement surgery as a result of a deteriorating workplace injury would be eligible no matter how long ago that injury occurred.
It is now very likely that any person requiring any other type of joint replacement from an injury, such as for hip or shoulder, will be compensated, no matter how long ago the injury occurred assuming the need for the procedure can be related back to their injury.
The decision will also ensure that injured workers will not lose their entitlements as a result of delays in the determination of disputes including deliberate stalling tactics from insurers.
If you wish to know where you stand in relation to your workers compensation entitlements call Peter Moore, Specialist Compensation Lawyer of Brazel Moore Compensation Lawyers on 4324 7699 for an informal no obligation chat.
