Park ranger compo claim after injuring thumb while on the job still valid, tribunal finds
A ranger who injured her thumb while working on the remote Macquarie Island has gone to a tribunal after a claim for workers’ comp was rejected. The details.
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A ranger on Macquarie Island sought personal compensation for a thumb injury sustained on the job, but Tasmanian Parks and Wildlife tried to have the claim rejected because she didn’t make her claim fast enough.
In December last year, the ranger injured her left thumb during field training when she tripped on exposed rock, landed on her knees, hit her head and bent back her left thumb.
She was carrying a 20kg backpack at the time.
The injury was reported on the day it happened and the ranger also saw the station’s doctor who submitted a compensation medical certificate the next day.
The ranger later submitted an incident report form.
She was told by her employer she had the right to make a claim for compensation, which should be done within six months.
“In most cases, the worker must make their claim within six months of the date of their injury,” the Tasmanian Civil and Administrative tribunal panel said.
“Failing to make a claim within these time frames will not make a worker’s claim invalid if the failure was due to mistake, the worker’s absence from Tasmania, or other reasonable cause.”
But the ranger did not make her claim until July, 2024, around five weeks after the six month mark from her injury.
She told the tribunal it should be taken into account she was only treated by the doctor on the island, and was not advised she would require a specialist for the injury.
“It was the worker’s belief that her hand injury would fully heal whilst she remained on Macquarie Island and that no further treatment would be necessary when she returned to Tasmania,” the panel said.
“This was a misjudgment or mistake on her part as her injury has not fully recovered and she needs ongoing treatment for which she will now incur cost.
“The employer, via its counsel, did not challenge any of the information provided by the worker and it’s appropriate that it form part of the evidence.”
The tribunal found it was not a reasonable argument a claim for compensation would fail because it was out of time.
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