Workers Compensation Entitlements For NSW RFS Volunteers

Are NSW RFS Volunteers Covered by Workers Compensation?

Yes. Members of the NSW Rural Fire Service (RFS) are entitled to workers compensation benefits if they suffer an injury or illness while undertaking authorised RFS activities.

These entitlements arise under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (NSW), which recognises the essential role performed by volunteer emergency service personnel.

Although recent reforms to the NSW workers compensation scheme have introduced significant changes for many workers, particularly in relation to psychological injuries and claim administration, NSW RFS volunteers continue to benefit from important statutory protections. Many of the more restrictive provisions applying to non-exempt workers do not affect emergency service volunteers in the same way.

What Is an Authorised Activity?

Compensation may be payable where an injury occurs during an authorised NSW RFS activity, including:

• Firefighting and fire prevention operations
• Incident management and operational support
• Catering, communications and aviation support roles
• Training exercises and instruction
• Equipment and vehicle maintenance
• Brigade meetings
• Community engagement activities
• Fundraising activities
• Other duties recognised under the legislation

Importantly, compensation may also be available for injuries sustained during a journey connected with an authorised activity.

What Is a Compensable Injury?

A compensable injury includes an injury, illness or disease arising out of, or in the course of:

• Performing authorised NSW RFS activities; or
• Travelling on a relevant journey associated with those activities.

What Benefits Are Available?

Injured NSW RFS volunteers may be entitled to:

• Weekly compensation payments
• Compensation based on pre-injury civilian earnings
• Medical and treatment expenses
• Rehabilitation expenses
• Travel expenses associated with treatment
• Lump sum compensation for permanent impairment
• Death and dependency benefits where applicable

Weekly Compensation Payments

One of the most significant protections available to NSW RFS volunteers is access to weekly compensation based upon their civilian income.

To ensure injured volunteers receive prompt assistance, provisional compensation may be available before a formal liability determination is made.

Provisional Weekly Payments

Where it appears likely that:

• the person is an eligible volunteer; and
• the person has suffered a compensable injury,

weekly compensation may be paid on a provisional basis for up to 12 weeks.

Generally:

First 13 Weeks

Eligible volunteers may receive:

• Up to 100% of their current weekly wage rate, subject to statutory maximums.

Weeks 14–26

Eligible volunteers may continue to receive:

• Up to 100% of their current weekly wage rate, subject to statutory maximums.

This differs significantly from the ordinary workers compensation scheme where many injured workers are subject to statutory reductions over time.

Thereafter

Eligible volunteers may continue to receive:

• Up to 90% of their average weekly earnings, or a fixed rate known as the statutory rate, whichever is lesser.

Prior to 2 July 2026, the statutory rate was indexed twice a year in April and October. From 2 July 2026, it is indexed once a year in April.

Medical and Treatment Expenses

Provisional Medical Expenses

Medical expenses may also be approved provisionally, currently up to $10,000, while the claim is investigated.

These payments provide important financial support while liability is assessed.

RFS volunteers may be entitled to payment of:

• Medical consultations
• Specialist treatment
• Hospital expenses
• Physiotherapy
• Psychological treatment
• Medication costs
• Diagnostic imaging
• Travel expenses for treatment

As with other workers compensation claims, treatment generally must be reasonably necessary as a result of the injury.

Reporting Injuries and Lodging Claims

Volunteers should:

1. Notify their Brigade Captain, officer in charge or District Manager as soon as possible.
2. Seek appropriate medical treatment.
3. Obtain medical certificates/Certificate of Capacity where required.
4. Lodge a workers compensation claim if medical expenses are incurred or the injury affects their ability to work.

Early reporting helps avoid later disputes concerning whether an injury occurred during authorised duties.

Why Legal Advice Matters

Disputes commonly arise regarding:

• Whether an activity was authorised
• Whether an injury arose from volunteer duties
• Calculation of pre-injury earnings
• Entitlement to ongoing weekly compensation
• Psychological injury claims

Obtaining legal advice early can help ensure your full entitlements are protected.