NSW COVID Restrictions and Medical Appointments in Personal Injury Claims

27 JUL 2021

 

The current “Stay at Home” Orders have affected all of us in one way or another.  It has been difficult at times to work out what we are actually allowed to leave our house for, especially when it comes to our health and wellbeing. 

The current Orders allow you to leave your home for medical reasons, which specifically include obtaining a Covid-19 vaccination, or investigating a medical issue. 

Doctors and other health practitioners have implemented various systems such as telehealth to enable access to medical attention, without the need to attend a face-to-face appointment. 

However, what do the “Stay at Home” Orders mean for you if you currently have a Personal Injury claim? Are you required to attend a medical appointment arranged for the purposes of that claim? Although there is a general requirement for a person claiming compensation to comply with a reasonable request to attend a medical appointment, they are also entitled to reasonably refuse to attend such an appointment.  What is defined as “reasonable” is open to interpretation! For example, the Workers Compensation Guidelines specify that an outbreak is considered a “special circumstance” which may prevent the Worker from having to attend an appointment! 

If you have been impacted by the current Orders, and you require medical attention, we urge you to contact your General Practitioner to avoid any delays in investigating a serious medical issue. If you or someone you know needs support, please contact Lifeline Australia on 13 11 14 or via text on 0477 13 11 14.

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.

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