Home >

Worker's Compensation South Australia

New laws effecting the entitlements of injured workers came into effect in South Australia on 1 July 2015. The following is a summary of the new provisions. The new Act provides that;

  1. The test for compensability of a physical injury - the injury arises out of or in the course of employment and the employment was a significant contributing cause of the injury.
  2. The test for compensability of a psychiatric injury - the injury arises out of or in the course of employment and the employment was the significant contributing cause of the injury.
  3. Physical and Psychiatric injuries must be assessed separately, and the assessments cannot be combined to provide an indicator of Whole Person Impairment.
  4. There is only one permanent impairment assessment allowed per claim, and this cannot be conducted until there is evidence that the injury is stabilised. Injuries that develop after the assessment cannot be included in the assessment of whole person impairment.
  5. Aggravations of existing injuries can be eligible for compensation if the employment was a significant contributing cause of the aggravation. In the case of psychiatric injuries, the employment needs to be the significant contributing cause.
  6. A worker who has a whole person impairment of 30% or more is 'seriously injured'. These workers are entitled to 100% of average weekly earnings for one year, and then 80% to retirement age. These workers can claim compensation for medical treatment for as long as it is 'reasonable and necessary'. Seriously injured workers can elect to sue their employer at common law. They are also able to elect to redeem their entitlements
  7. Worker's who are assessed as having a whole person impairment of 30% or less (the vast majority of injured workers), will have entitlement to income maintenance compensation for 104 weeks after they are unable to work (paid at 100% of average weekly earnings for 12 months and 80% thereafter). They will also be entitled to payments for medical expenses, which will discontinue 52 weeks after income maintenance payments cease. They are entitled to compensation for non-economic loss if they suffer a WPI of between 5% and 29%. Worker's suffering a physical (non-psychiatric) injury are entitled to claim a lump sum for economic loss for a WPI between 5% and 29%.
  8. An employer must provide suitable employment to an injured worker within a reasonable time (one month), after which the worker may apply to the SA Employment Tribunal for an order that the employer provide such employment. The worker must have provided written notice to the employer that he/she is ready willing and able to return to work and provide information about the types of employment that he/she is capable of doing.
  9. Any potential claimants should seek legal advice as soon as they are aware that they may have a claim.

 

Personal Information (please note all enquiries are treated in the strictest confidence)

Your Name:


Date of Birth:

Address:

Phone Number:

Your Email:



Details of the Work Injury


Date of injury:

Employment Duties:

Name of Employer:


Full Time, Part Time or Casual?:


Date Injury Reported to Employer:

Name of Doctor?:


What happened?:


What injuries did you suffer (including mental harm):




Services

We also offer

  • Free first interview
  • Home visits
  • Italian language spoken
  • "No win no fee" in personal injury cases
  • We do not engage in time costing

Latest News from lawyersweekly.com.au

Contact

Free Consultations

First Floor, 61 Carrington Street, Adelaide, 5000

M : 0405 570 243 (Hugh)
M : 0429 671 389 (Natalie)

contact@mclean-santoro.com.au

  • Hugh organised everything for me and made all of my specialist appointments as well. He is also very easy to work with and made my complicated case easy for me by taking care of all the complicated things that I don't understand. I couldn't have done it without his help.
  • "I would like to thank very much Hugh and the team at McLean Santoro Lawyers for helping me reach a settlement to my civil claim. Their understanding and handling of the matter was truly professional. Thankyou."
  • ...Outstanding professional service. Hugh McLean delivered and he made my path through the challenging IP field smooth and pleasant. I look forward to the future with piece of mind knowing that great support is at hand as I need."