Disability support worker helping elderly woman | Henry Carus + Associates

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Any instance of an NDIS provider injury should be taken seriously. Disability support workers are often required to perform physically demanding tasks. In some instances, they work with combative clients who exhibit violent or erratic behaviour.

The number of carers (including providers with the National Disability Insurance Scheme, or NDIS) is expected to rise as Australia’s ageing population leads to a ‘disability spike’. We consider it very important to educate workers about their right to compensation if they are injured on the job, including NDIS providers.

Henry Carus + Associates have an unparalleled knowledge of the workers’ compensation system in Victoria. We take instances of NDIS provider injury seriously, providing superior legal representation throughout the process of lodging a WorkCover claim.

If you were injured while working as an NDIS provider, call 03 9001 1318 today for a FREE, no-obligation consultation. Our WorkCover lawyers serve Melbourne and all of Victoria.

What Is an NDIS Provider?

The National Disability Insurance Scheme classifies a provider as ‘an individual or organisation delivering a support or a product to an NDIS participant.’ NDIS providers offer a number of different services and supports for elderly and/or disabled individuals. These include:

Aiding with mobility needs, such as getting in and out of bed, walking and exercise, accessing public transport, travel by motor vehicle, etc.
Personal supports (also known as assistance with daily personal activities), including:
- Dressing, grooming, showering and bathing, oral hygiene, etc.
- Eating, drinking, and medication assistance
- Attending medical appointments
- Using the toilet
- Assistance with specialised equipment and devices
- Basic first aid (i.e., caring for injuries due to disability)
Shopping for groceries and preparing meals.
Help with cleaning, laundry, home maintenance, and other household activities.
Encouraging social and community participation.

Ultimately, NDIS providers can fulfil a number of different roles for elderly people and individuals with disabilities. The exact services and supports funded by the NDIS are based on factors such as the needs stemming from the disability, the benefit to the participant, the participant’s support network (i.e., friends, community support, etc.), and more.

Do Employers Owe NDIS Providers a Duty of Care?

Some NDIS providers are sole traders who (a) provide supports and services themselves and (b) are recognised as a business entity. Others are employed by a provider (such as a business or organisation) or are recruited through a labour-hire agency or other third party. Some others provide care on a volunteer basis.

Employers in Victoria (including NDIS providers) have the following duties:

Confirming that workers have the proper training and qualifications for the job.
Providing workers with additional training or education as needed.
Abiding by Victoria’s occupational health and safety regulations.
Giving workers the equipment they need to provide services and supports safely and effectively.
Ensuring that employees follow the NDIS Code of Conduct.
Creating policies, procedures, and systems to eliminate violence.

NDIS providers must also implement systems for reporting incidents and managing complaints. These procedures should protect clients as well as workers who have concerns or suffer an injury in the course of their employment.

Common NDIS Provider Injuries

Though it can be rewarding, disability support work also involves a number of physical and emotional challenges. According to the Australian Bureau of Statistics, community and personal service workers are the occupational group with the highest rate of work-related injuries. This group includes disability carers.

Some of the most common injuries suffered by NDIS providers include:

Back injuries from activities requiring lifting, bending, pushing, and pulling
Soft tissue damage, particularly repetitive strain injuries
Joint injuries and dislocations
Chronic musculoskeletal conditions (such as arthritis)
Broken bones
Slip and fall accidents
Cuts and lacerations
Injuries due to physical abuse, assault, or other violence by a client

At Henry Carus + Associates, we expect reports of NDIS provider injury will only increase with the growing senior population and the need for more disability workers. It is vital for carers to understand their legal rights if they get hurt on the job.

You Deserve More

Are You Entitled to Compensation?

In Victoria, WorkCover is the principal legal recourse for injured employees of NDIS providers. Your entitlements through WorkCover for a job-related injury may include:

Treatment expenses for reasonable care related to the injury.
Provisional payments for mental injuries related to your work.
- Recent changes to the WorkCover legislation redefined mental injuries and eliminated benefits for work-related stress and burnout. However, provisional payments may still be available for up to 13 weeks—even if a claim is ultimately rejected.
- Furthermore, workers who suffer mental injury due to bullying, harassment, or traumatic events in the course of their work may be entitled to additional WorkCover benefits.
Weekly payments while you are unable to work at your prior capacity.
Superannuation payments, if you receive weekly payments for more than 52 weeks.
A permanent impairment benefit, if you become permanently disabled due to a work injury.

You may also have a claim for common law damages if the injury was caused by your employer’s negligence. To bring a common law claim, you will need to provide evidence of fault on the part of your employer. Your injury must also be considered serious to lodge a common law damages claim.

What to Do If You Are Injured on the Job

Anyone who is injured in the course of their employment should seek medical attention as soon as possible—your health and safety is paramount.

For disability support workers specifically, we recommend the following steps:

1. Report the Incident to Your Employer

NDIS providers should be notified of an incident resulting in employee injury straight away. If the injury is related to a reportable incident, the timeframes for provider notification are on the NDIS website.

2. Provide Notice of the Injury

To obtain WorkCover benefits for a job-related injury, you need to notify your employer of the injury within 30 days. Providing notice means completing the worker’s injury claim form. Read the instructions carefully and be sure to provide all required information.

3. Seek Legal Counsel

Qualified legal representation can often be the difference between getting the full benefits and additional compensation you are due and getting less than you deserve. Our knowledgeable WorkCover lawyers can help you understand your entitlements and pursue a favourable outcome on your behalf.

Contact Henry Carus + Associates Today

We Understand NDIS Provider Injury Claims

Disability support work is going to be more and more essential as the Aussie population ages and the need for help with day-to-day activities increases. Unfortunately, this means that NDIS provider injury will become a more common occurrence.

NDIS service providers employ a diverse workforce, including many young individuals and overseas migrants on working visas. Both of these groups may be unaware of their rights and afraid to report injuries and incidents for fear of losing their jobs.

At Henry Carus + Associates, we see past the injury to the person who is suffering. Our knowledgeable team is committed to helping disability support workers explore their legal options and obtain the maximum compensation they deserve. We also offer legal services in multiple languages.

For a FREE, no-obligation consultation, call Henry Carus + Associates at 03 9001 1318. We represent injured NDIS providers throughout Victoria from multiple offices in the Melbourne metropolitan area.