One family wants NSW's compensation scheme to cover finances
A recent case in New South Wales has prompted the debate on who should cover the expenses of employees who contracted COVID-19 while at work. The case centres around the death of dental entrepreneur Georges Sara, who went to New York in July last year to manage the setup of an American facility that could help keep his employees' jobs.
He arrived on July 15, reported experiencing coughs and fatigue four days later, before he was brought to the New York-Presbyterian Hospital. He later passed away in November, The Sydney Morning Herald reported, adding that his treatment expenses reached $11 million.
The case of Sara's death reached a tribunal because of the $11-million medical cost and $834,000 death payout. The victim's bereaved family argues that the expenses should be covered by the NSW workers' compensation scheme.
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However, the NSW workplace insurance agency iCare is contesting to the NSW Personal Injury Commission that the organisation should not cover the costs, citing that Sara was not working for the company it insured at the time, and that it is likely he contracted COVID-19 while socialising instead of work.
The defence however, was rejected by commission member John Harris after a thorough review of Sara's symptoms, his close contacts, travel history, and medical evidence.
Harris said Sara was infected with COVID-19 upon his travel from Sydney to this arrival at the hotel - which is considered as work travel.
The tribunal sided with the family in what is possibly the first of the many battles it would face to get Sara's death covered by the NSW workers' compensation, according to the Herald's report.
A spokesman from iCare said the company is still reviewing the decision, while the Sara family refused to comment on the ruling.
"To date, COVID has not had a significant impact on either premiums or claim numbers, but we will continue to assess impacts as the latest wave of the pandemic progresses," the iCare spokesman was quoted as saying by The Sydney Morning Herald.
A later hearing would be held to discuss the case. According to the daily's report, it is unlikely that the Sara family would get the $11 million in full, since it might be subject to limitations.
The case raises the discussion on who should be liable for the expenses incurred if an employee contracts COVID-19 while at work.