Article Category - Compensation Law By Angus Edwards 29 November 2018

If you have suffered injury as a result of work, you may be able to claim for the costs of domestic assistance under s.60AA of the Workers Compensation Act 1987.  Domestic assistance includes the cost of cleaning, laundry, home maintenance, mowing or gardening.

To be eligible to claim a worker must have an assessed level of whole person impairment of at least 15%.  However where there is no assessment or it is less than 15% and  the need for assistance is of a temporary nature, such as following surgery, you are eligible to claim for up to six hours per week for a maximum total period of three months where it is included in an injury management plan.

To make a claim for domestic assistance you will need a report from a medical practitioner which is based on a functional assessment and certifies that the assistance is reasonable and necessary and it is directly related to your injury. You can not claim for domestic activities which you did not perform prior to the injury.  For example, if you have never mowed lawns at your house in the past, you can’t make a claim for lawn mowing services following injury.

An insurer will develop a care plan when approving domestic assistance. The care plan will include details of the tasks to be provided and who will provide the services, the number of hours and how often the assistance will be provided, the period during which assistance will be provided and the costs of the assistance.

In addition to paid domestic assistance you may also be able to claim the cost of gratuitous domestic assistance where the assistance is provided at no cost, for example by a family member or friend. Compensation for gratuitous domestic assistance is not payable unless the person providing the assistance has lost income or forgone employment as a result of providing the assistance.

If you have been injured at work and need advice about your rights and entitlements, please call one of our experienced compensation team in Bathurst, Lithgow or Oberon on 1800 650 656. We're here to help!

Angus Edwards | Principal