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Medical and hospital benefits |
Attendant care (at home or in supported accommodation) |
Home help |
Other costs (i.e. home modification) |
Limits to benefits listed above |
New South Wales |
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Medical benefit entitlement period:
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Victoria |
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Attendant care is covered under the definition of ‘personal and household services’ in s3. When making an assessment of an attendant care program consideration needs to be given to the worker’s:
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Queensland |
The insurer must pay the cost of the medical treatment or hospitalisation that the insurer considers reasonable having regard to the worker’s injury. Under the table of costs, WorkCover may impose conditions on the provision of the medical treatment — s210, Workers’ Compensation and Rehabilitation Act 2003. The insurer must pay the costs that it accepts as reasonable, having regard to the relevant table of costs, for medical treatment by a registered person (s211). The Table of costs is published by WorkCover Queensland. The Insurer must pay the fees or costs of rehabilitation that the insurer accepts to be reasonable, having regard to the worker’s injury — ss222 & 223. NIIS The insurer must pay treatment, care and support payments to an eligible worker (who has sustained a serious personal injury that meets the eligibility criteria in Part 5A of the Workers’ Compensation and Rehabilitation Regulation 2014) during their eligibility period under Chapter 4A (which can be for the workers’ lifetime). Treatment, care and support payments are for the worker’s necessary and reasonable treatment, care and support needs resulting from the injury. These needs are for (s232J)
Under s232O, an insurer must also provide the worker with a support plan on their treatment, care and support needs. The worker may receive treatment, care and support payments for an eligible injury via an insurer’s funding agreement or response to a payment request (s232Q). A funding agreement is between the eligible worker and their insurer for the payment of particular expenses to be incurred for the treatment, care and support for the worker in a stated period (s232Q). A payment request is a written request by an eligible worker for an expense relating to their treatment, care or support to be paid or partly paid by an insurer (s232Q). An insurer is not liable to pay a payment request that exceeds an amount prescribed by regulation for the treatment, care or support (s232R(4)). Part 5A Division 2 of the Workers’ Compensation and Rehabilitation Regulation 2014 specifies the assessment process for assessing a worker’s needs. |
As above for Act references. Insurer decision on a case by case basis with respect to funding these services. Home Nursing services are listed under the Nursing services table of costs NIIS Attendant care is included in the definition of treatment, care and support needs (s232J) and may be the subject of treatment, care and support payments from an insurer. Under s117R of the Workers’ Compensation and Rehabilitation Regulation 2014, the insurer must obtain and consider information regarding home, transport or workplace modifications from a person who is appropriately qualified to provide advice on the needs. The insurer must also refer to the appropriately qualified person when considering attendant care and support services to assist a person to participate in the community. Section 232K(2)(b) of the Act prescribes a registered provider must provide home modification, workplace modification or a service for the coordination of treatment, care or support. |
Insurer decision on a case by case basis with respect to funding these services. Domestic assistance covered under the Support Services table of costs. Act s224. A caring allowance may be paid if the insurer is satisfied — the worker depends on day to day care for the fundamental activities of daily living; and the care is to be provided to the worker at the worker’s home on a voluntary basis by another person in relation to whom compensation is not payable. NIIS Attendant care is included in the definition of treatment, care and support needs (s232J) and may be the subject of treatment, care and support payments from an insurer. As above for section 232K(2)(b) of the Act. |
The insurer must pay the cost of the medical treatment or hospitalisation that the insurer considers reasonable having regard to the workers injury. Under the table of costs, WorkCover may impose conditions on the provision of the medical treatment (s210 of the Act). The insurer must pay the costs that it accepts as reasonable, having regard to the relevant table of costs, for medical treatment by a registered person (s211). The Table of costs are published by WorkCover. The Insurer must pay the fees or costs of rehabilitation that the insurer accepts to be reasonable, having regard to the worker’s injury — ss222 & 223. NIIS Home and workplace modifications are included in the definition of treatment, care and support needs (s232J) and may be the subject of treatment, care and support payments from an insurer. As above for section 232K(2)(b) of the Act. |
As above for Act references. Insurer decision on a case by case basis with respect to funding these services. Home Nursing services are listed under the Nursing services table of cost published by WorkCover. NIIS An eligible worker’s eligibility period for treatment, care and support payments, ends when the worker dies or the worker stops being entitled to payments under Chapter 4A. Under s232S, the worker’s entitlement to treatment, care and support payments ends if the insurer determines that their serious personal injury is not likely to continue to meet the eligibility criteria after the interim period ends. Under s232ZC, the worker’s entitlement to treatment, care and support payments for their injury ends if they accept an award of treatment, care and support damages. Under s232ZG an insurer may review and amend an approved support plan or service request to amend a worker’s approved services if the worker is leaving Australia. Under s232ZH, the insurer may suspend the worker’s entitlement to treatment, care and support payments if the insurer considers them affected by the worker’s absence from Australia. |
Western Australia |
Reasonable expenses incurred — Schedule 1, clause 17. Limited to 30% of prescribed amount ($71,754). An additional $50,000 can be granted by an arbitrator where the worker’s social and financial circumstances justify it — Schedule 1, clause 18A(1) If a worker meets an exceptional medical circumstances test and has a WPI of not less than 15%, they may apply for additional medical and related expenses capped at $250,000. Workers granted such an extension are excluded from seeking common law damages — Schedule 1, clause 18A, Workers’ Compensation and Injury Management Act 1981. |
Reasonable expenses associated with a nursing home may be paid where a medical practitioner certifies that the worker is totally and permanently incapacitated and requires continuing medical treatment and maintenance, which cannot be administered in the worker’s domestic environment — Schedule 1, clause 17(1). |
N/A |
Not prescribed in legislation. In special circumstances insurers may approve limited home and vehicle modifications. Injured workers that require assistance from an approved vocational rehabilitation provider to assist them to return to work can access the entitlement for vocational rehabilitation expenses, which represents 7% of the prescribed amount (up to $16,743). |
Limits as in first column |
South Australia |
A worker is entitled to be compensated for costs of services that are reasonably incurred by the worker in consequence of having suffered a work injury — s33, Return to Work Act 2014. |
A worker is entitled to the costs of attendance by a registered or enrolled nurse (or by some other person approved by RTWSA) where the injury is such that the worker requires nursing or personal attendance — s33(2)(f). |
A worker is entitled to be compensated for costs of services that are reasonably incurred, which can include home services depending upon the circumstances of the injury — s33(2)(i). |
ReturnToWorkSA may as part of a recovery/return to work services provide equipment, facilities and services (including home, vehicle modification, aids and appliances) to assist workers to cope with their injuries at home or in the workplace — s24(1)(f) and s33(2)(i). |
There is no monetary limit defined in the legislation. However, there are limits on duration of support for medical and other expenses. If the worker is entitled to weekly payments for incapacity in respect of the injury, entitlement to compensation for medical and other expenses ceases 52 weeks after their entitlement to weekly payment ceases. If the worker is not entitled to weekly payments for incapacity, entitlement to compensation for medical and other expenses ceases 52 weeks after the claim — s33(20). Fees are regulated by gazette for hospital, medical and allied health services — s33(11) Other costs may be reimbursed if reasonably incurred — s33(1). |
Tasmania |
A worker is entitled to compensation for reasonable expenses necessarily incurred as a result of the injury — s75(1)(a), Workers Rehabilitation and Compensation Act 1988. |
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Northern Territory |
Costs reasonably incurred — s73 Return to Work Act 1986. |
Costs that are reasonable and necessary — s78 |
Costs that are reasonable and necessary — s78 |
Costs that are reasonable and necessary — s78 |
No monetary limit If less than 15% WP impaired – 12 months after 260 weeks cessation of weekly benefits – s61A If 15% or more WP impaired – no limit |
Australian Capital Territory |
Medical treatment reasonably received (s70 Workers’ Compensation Act 1951) |
Other costs reasonably required (s70(1)(c) Workers’ Compensation Act 1951) |
Other costs reasonably required (s70(1)(c) Workers’ Compensation Act 1951) |
Cost of alterations (s70(1)(b) Workers’ Compensation Act 1951) |
No limit except on repair or replacement of contact lenses, crutches, prosthesis, spectacles or other artificial aid or damage to clothing: Costs are as agreed with the insurer or $794.82 indexed |
C’wealth Comcare |
Medical treatment at a cost appropriate to that treatment — s16, Safety, Rehabilitation and Compensation Act 1988. |
Compensation is payable for attendant care services reasonably required — s29(1). This is generally from 28 days after the date of injury. If a catastrophic injury under s29A there is no monetary cap for attendant care services. s29(4) requires consideration of:
Compensation is not payable where an employee is residing in a nursing home or other similar place — s29(3). Comcare is liable to pay the lesser of $473.25 (statutory rate updated 1 July) or an amount per week paid or payable by the employee for those services. |
Compensation is payable for household services reasonably required — s29(1). This is generally from 28 days after the date of injury. If a catastrophic injury under s29A there is no monetary cap for household services and is available within the first 28 days. s29(2) requires consideration of:
Comcare is liable to pay not less than 50% of the amount paid or payable by the employee no more than $473.25 (statutory rate updated 1 July). |
Comcare is liable to pay compensation of such amount as is reasonable in respect of costs payable by the employee due to any alteration of the employee’s place of residence or work, any modifications of a vehicle or article used or any aids/appliances for the use of the employee, or the repair or replacement of same — s39. |
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C’wealth Seacare |
Medical treatment at a cost appropriate to that treatment — s28, Seafarers Rehabilitation and Compensation Act 1992. |
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Compensation is payable for household services reasonably required — s43(1). This is generally from 28 days after the date of injury. If a catastrophic injury under s43A there is no monetary cap for attendant care services. s43(3) requires consideration of:
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Where an employee is undertaking, has undertaken or completed a rehabilitation program or is assessed as not capable of undertaking a program, the following are payable if reasonable:
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C’wealth DVA |
Military Rehabilitation and Compensation Act 2004 (MRCA): For ‘service related conditions’: all reasonable costs but not more than the amount actually incurred (s288A, s288B, s288C & s288F). Where a person has suffered a serious impairment from a service injury or disease (s281 & s282): all reasonable costs for all medical conditions but not more than the amount actually incurred. Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) Medical treatment at a cost appropriate to that treatment — s16. |
Liable to pay compensation for attendant care services reasonably required (MRCA s219 & DRCA s29(1)) Compensation is not payable where an employee is residing in a nursing home or other similar place (DRCA only s29(3)). Without limiting the matters which can be considered when determining the reasonable requirements, the following matters are to be considered (MRCA s218 & DRCA s29(4)):
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Liable to pay compensation for household services reasonably required (MRCA s216 & DRCA s29(1)). Without limiting the matters which can be considered when determining the reasonable requirements, the following matters need to be considered (MRCA s215 & DRCA s29(2)):
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Reasonable costs incurred in relation to purchase, loss of, or damage to, medical aids or appliances (MRCA s226 & s56, DRCA s39). Alterations to a person’s place of residence, education, work or service (MRCA s56 DRCA s39). Reasonable costs of a vehicle’s modification (MRCA s212 & DRCA s39). Reasonable costs of a vehicle’s purchase in some circumstances (MRCA only s212). |
No limits on medical and hospital costs, all appropriate cost payable (DRCA s16 & MRCA Part 4). No limit on attendant care services or household services reasonably required if deemed to have a catastrophic injury. Satisfying the definition of catastrophic injury is not, however, a guarantee that individuals will receive higher levels of household and attendant care services. Those services will be provided on a needs basis subject to an assessment of individual circumstances. DRCA definition Safety Rehabilitation and Compensation (Defence-related Claims) (Catastrophic Injury) Rules 2018 MRCA definition: Military Rehabilitation and Compensation (Catastrophic Injury or Disease Determination 2018 Otherwise the following limits apply: MRCA
DRCA Not less than 50% of the amount paid or payable by the employee and no more than the maximum rate (s29)
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New Zealand |
Schedule 1, Part 1, s1, Accident Compensation Act 2001. The Corporation is liable to pay or contribute to the cost of the claimant’ treatment for personal injury for which the claimant has cover if clause 2 applies,- (a) to the extent required or permitted under an agreement or contract with any person for the provision of treatment; or (b) if no such agreement or contract applies, to the extent required or permitted by regulations made under this Act; or (c) if paragraphs (a) and (b) do not apply, the cost of the treatment. |
In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to:
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Reimbursement’: Schedule 1, Part 1, 17 Home help (1) In deciding whether to provide or contribute to the cost of home help, the Corporation must have regard to:
Limits: – The Corporation [is not required] to pay for home help to the extent that home help continues to be provided after a claimant’s personal injury by a person:
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Social rehabilitation’ includes:
All assistance must be provided to meet an assessed, injury-based need. ACC is only responsible for providing the level of assistance required to achieve the planned rehabilitation outcome. |
Noted in first column |