FAQs - COVID-19 and Compensation Claims
The world is currently a very different place as we collectively deal with the COVID-19 pandemic. In discussions with our personal injury clients, a common thread of questions have arisen as our clients navigate rehabilitation of their injuries within the current climate.
We provide our answers to 3 of the most comment queries raised by our clients:-
I am having active treatment for my injuries. How do I continue to obtain treatment in the coming months?
The COVID-19 restrictions and social distancing requirements have impacted a number of allied health providers, such as remedial massage providers, physiotherapists and psychologists. We anticipate the restrictions will continue to change with further government announcements in coming months as restrictions are eased.
Many of our clients rely upon allied health providers for treatment of their injuries, as well as regular appointments with their General Practitioner and Specialists.
What we are seeing is the reliance upon telehealth and other means of contact that avoid the necessity for face-to face.
‘Telehealth’ services use information and communication technologies to deliver health services and transmit health information over both long and short distances. It encompasses diagnosis, treatment, preventative and curative aspects of health care services and video-conference is one of the main communication forms utilized.
Telehealth services to date have largely been used to improve health care services for patients who live in regional, rural and remote areas however since the emergence of COVID-19 many health care providers are relying on Telehealth services for treatment of all patients.
Teleconferences and video conferencing allow treatment to continue to be provided. Whilst not ideal, we are seeing service providers come up with many creative ideas to ensure patients are still obtaining access to treatment.
In some areas, such as physiotherapy and exercise physiology, our clients have been attending regular sessions up until the closures. Our clients no longer have access to certain equipment for strengthening exercises etc which is a cause of concern. In one of our matters, the physiotherapist has recommended our client be supplied with a piece of equipment in his home for the next few months to enable him to continue set exercises which the insurer has agreed to.
One aspect of treatment that has been on hold is elective surgery following the Governments announcing last month to cease all “non urgent” surgeries. On 21 April 2020, the Government announced the return of Category 2 and some Category 3 surgeries. These include joint replacements such as knee, hip and shoulder reconstructions and will allow some of our clients to now proceed with surgery.
I had a medico-legal appointment booked to be assessed for my claim. What will happen now?
Each medico-legal specialist is working in a different way.
In one of our matters, the medico-legal doctor has indicated that he will not see clients for the time being and will reassess at the end of April 2020. In this instance, the appointment has been post phoned indefinitely.
Where practical, some specialists are able to produce a report on the paper material (i.e. qualifying letter, medical reports, scans etc) without the need to assess the client. This is generally suitable for re-examination or where a supplementary report is required.
We have found the majority of specialists however are content to continue to see clients for medico-legal assessments. They have adopted practices within their rooms to ensure the safety of both themselves and the patient. So in some instances, face-to face consults are continuing.
What we are most commonly seeing is that medico-legal specialists are utilizing video conferencing facilities, such as Zoom or Skype, to conduct the assessment. In one of our matters, the doctor used the FaceTime Application on an i-phone as a means of conducting the assessment.
Whilst these methods may not be ideal, in the current climate these differing means of assessment are allowing claims to progress.
My matter is progressing through Court. Will COVID-19 impact on my case moving forward?
In most cases, no. Your case will still proceed.
At this point in time, the New South Wales Courts and the Workers Compensation Commission are still dealing with compensation claims, albeit through technology that prevents the necessity for people to gather in the one location.
The majority of matters that we deal with are filed in the District Court and the Supreme Court of New South Wales, both of which have adopted video conference facilities that allow a Court date to progress as normal with the parties present via video link as opposed to in person at the Court House.
For Directions Hearings, if the parties have agreed to Consent Orders, the matter will be dealt with in Chambers without the need for the parties to be linked by telephone.
The Workers Compensation Commission has adopted similar procedures.
One area that has been impacted is industrial deafness claims for coal miners as the Medical Panels arranged by the Court have been post phoned for the time being. We are uncertain when these assessments are likely to take place.
If you have sustained an injury and are concerned about the impact of COVID-19 on your claim and entitlements, contact our friendly team today.