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Aged care and home care workers infected with COVID-19 could be entitled to compensation if their infection is linked to their workplace, law firm says – employers obligated to seek PPE

2 min read

Compensation lawyers Slater and Gordon say they are seeing an uptick in enquiries from staff concerned about their risk of infection in their workplace and the lack of access to Personal Protective Equipment (PPE).

Slater and Gordon Practice Group Leader Andrea Kehoe (pictured above) says a recent survey of 500 healthcare, aged and disability care workers conducted by Kantar Australia for the firm found 50% felt there has been a lack of appropriate protective clothing available to them since COVID-19, making them feel more stressed and anxious.

One in three or 38% of those surveyed said management had not provided enough support since COVID-19, while 81% said support from management was important to them in relation to their job.

Andrea tells us that in other fields of work where PPE is required, such as construction, mining and cleaning, PPE needs to be in good condition and should fit workers comfortably. The individual should have received training, so they know how to use it and can wear it properly.

“In some circumstances, only low-quality masks are available to aged care and disability workers and workers don’t have much of a choice unless they source PPE themselves,” she says, adding they have been hearing from aged care and home care workers who have done so.

Despite the Department of Health’s guidelines that PPE should only be used in aged care and home care settings when someone has a suspected or confirmed case of coronavirus, Andrea maintains providers should be evaluating the circumstances in which PPE should be provided to staff.

“Employers have an obligation to really identify and assess the level of risk for employees in particular workplaces and situations where you are working closely with elderly people and those with compromised immune systems… you can’t keep a 1.5 metre distance when you are showering and toileting people several times day.”

“It’s about consulting with health and safety representatives and employees and then implementing control measures.”

But many operators say to us that they are still facing issues sourcing adequate levels of PPE.

Andrea admits this is an ongoing challenge across many sectors.

However, she says employers who are concerned about access to equipment should escalate their concerns and seek that support to safeguard staff.

“The mental stress and anxiety is what we don’t want workers on the frontline having to be concerned with,” she said.

Andrea adds that providers could also find themselves on the receiving end of workers’ compensation claims from staff who do become infected – with potential for employers to be found to be negligent if adequate PPE hadn’t been provided

“Potentially any worker who does contract COVID and can establish a link between that and their employment would potentially entitled to benefits through Work Cover – or, if they experience a long-term injury, potential lump sum payments.”


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