A worker who contracted COVID-19 at an aged care facility has been granted court permission to pursue damages for long COVID.
Experiencing symptoms like fatigue, breathlessness, and tinnitus, the worker's daily life was significantly affected.
Seeking damages under the Workplace Injury Rehabilitation and Compensation Act 2013, she argued that long COVID seriously impaired her immune system.
The court rejected an argument that her symptoms needed separate assessment, instead emphasising a pragmatic approach, allowing her to seek compensation for her suffering.
‘It was plain from the reports of the medical experts that there is much which is not yet known about long COVID syndrome, its impacts, causes and prognosis,’ the Judge said.
‘What is known is that [the worker] is suffering here and now; and seeks compensation,’ she said.
The judge highlighted the need for a sensible and consistent approach, granting the worker permission to pursue damages.
