Workers Compensation Claims
If you have suffered a work related injury or illness in South Australia you may be entitled to compensation under the Return to Work Act 2014. Claims for compensation are made via an agent for the Return to Work Corporation of South Australia (‘Return To Work SA’).
WORK RELATED INJURIES OCCURRING FROM 1 JULY 2015
New laws applying to workers compensation were introduced on 1 July 2015, pursuant to the Return to Work Act 2014.
If you are injured at work, you may be entitled to:
- Income support to cover your wages for up to 2 years, for which you will receive up to 100% of your notional weekly earnings in the first year, and up to 80% of your notional weekly earnings for the second year, less any income earned through employment;
- Reasonable and necessary medical treatment and care for up to 3 years;
- Return to Work services such as job placement and retraining for up to 3 years;
- If you are assessed as having a whole person impairment of between 5% and 29%, you will be entitled to a payment for economic and non-economic loss.
If you are injured at work and are assessed as having a whole person impairment of 30% or more, you will be entitled to:
- Income support until retirement age of 100% of your notional weekly earnings in the first year, and 80% of your notional weekly earnings for subsequent years;
- Treatment, care, and support services over the course of your lifetime;
- A payment for non-economic loss.
If you are seriously injured at work from 1 July 2015, you may apply for a redemption of your weekly payments by agreement with Return to Work SA.
Common Law Claims
If you are seriously injured at work from 1 July 2015, you will have the option to bring a Common Law claim for damages for economic loss, where your employer’s negligence caused or contributed to your injury. If you recover damages at Common Law for your economic loss, your treatment, care, and support services will continue to be funded by the Return to Work Scheme, however, you will no longer be entitled to weekly payments or a redemption.
Dependants of a fatally injured worker in a workplace injury may be entitled to financial support and assistance including weekly payments, a lump sum benefit, funeral benefits, and counselling services.
INJURIES OCCURING BEFORE 1 JULY 2015
If you have an existing claim for Workers Compensation that was made before 1 July 2015, your claim will now be managed under the transitional arrangements outlined in the Return to Work Act 2014. The provisions allow income support for a period of up to 2 years from 1 July 2015, in addition to payment of your reasonable medical expenses during this period and for up to a further 12 months after your income support has ceased.
Where you are assessed as being seriously injured (that being a whole person impairment of 30% or more), you will continue to receive income support until retirement age, as well as payment of reasonable and necessary medical expenses over your lifetime.
MAKING A CLAIM
A claim for Workers Compensation should be made as soon as is practicable after you sustain an injury. You should also seek medical advice and treatment and report your injury to your employer as soon as possible.
If you have not already done so, a claim for Workers Compensation can be made by completing the below form:
Our team at Paul Alvaro Lawyers can assist you in completing the claim form, if you have not already done so.
Further information can be obtained from:
OBTAINING LEGAL ADVICE
Our experienced team at Paul Alvaro Lawyers is able to provide you with personalised advice to ensure that you receive the full extent of your workers compensation entitlements and to assist you with any difficulties you may have in navigating the Workers Compensation system. We are experienced in representing workers in all manner of disputes in the South Australian Employment Tribunal (formerly the Workers Compensation Tribunal).