Injured Worker Cut Off Due to “Ageist” Workers Compensation Laws

Most people expect that if they are injured at work, they will receive compensation for any time that they are unable to work due to their injuries. Unfortunately, for a certain class of worker, this is not necessarily the case.

Pursuant to section 52 of the Workers Compensation Act 1987 (NSW), if a worker is injured after the Commonwealth retirement age of 67, they are only entitled to receive one year of weekly payments. This puts many workers at a great loss, as if they are still unable to return to work after a year, they are faced with the prospect of being left without an income.

Recent Example

A nurse in Sydney who was attacked while on duty is now encountering significant legal challenges, due to what she describes as an “ageist compensation system”. The 71-year-old worker, who was employed at Cumberland Hospital, sustained severe injuries during the attack and has been unable to return to her role.

Incident Details

The incident occurred in January 2024, while the nurse was performing her usual duties. A patient, unprovoked, came up behind the nurse, dragged her, and threw her down to the ground, causing her to hit her head and back. The patient then climbed on top of her and punched her multiple times. Due to this, the worker required spinal surgery and will require shoulder surgery later in 2025.

Workers Compensation Claim

The worker applied for Workers Compensation and her claim was approved. Although her treatment is still being paid by the insurer, sadly, due to her age, the nurse’s weekly payments were cut off on the first anniversary of the attack. She has expressed significant frustration with the compensation process, describing it as "disgusting" and “unfair”.

The apparent justification for this is that after the Commonwealth retirement age, the insurer should not be liable for income payments, as the worker would have likely retired. However, this is not always the case.

Broader Implications

Legislators and policy makers argue that having such restrictions help keep premiums lower and more affordable, however, this case has drawn attention to the broader issue of ageism in society and the challenges older workers face when seeking compensation for injuries. It also points to outdated compensation laws, drafted decades ago, when far less people kept working after the Commonwealth retirement age. Research by the Australian Institute of Health and Welfare shows that 15 percent of people aged 65 and over are still participating in the workforce.

Take Aways

This case highlights the barriers that people can face when they seek to access compensation. Some barriers, such as this example, are the result of legislative rules, but others can arise due to various reasons.

If you would like to receive further information or advice about your compensation claim, do not hesitate to contact our experienced Injury Compensation Team.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

By Sebastian Cannavo
Associate