Workers Compensation Law
If you are injured at work or sustain a work-related illness, you may be entitled to pursue a claim for workers compensation. Making a compensation claim can be complex, particularly while you are trying to recover from an injury or illness.
We have extensive experience in managing workers compensation claims and helping victims of work-related injuries and illnesses achieve the maximum compensation to which they are entitled.
Return to Work scheme
The Return to Work Act 2014 governs most workers compensation claims in South Australia for injuries occurring from 1 July 2015.
Return to Work SA (RTWSA) is the statutory body responsible for providing work injury insurance to employers and administering the Return to Work scheme. The management of workers compensation claims is processed via appointed claims agents (currently Employers Mutual Limited and Gallagher Bassett).
Most employers are registered with RTWSA however some larger employers are self-insured. Workers have the same statutory compensation entitlements whether their employer is self-insured or registered with RTWSA.
Federal workers are covered under Comcare.
Eligibility for compensation
All injured ‘workers’, whether employed on a full-time, part-time, or casual basis are entitled to make a workers compensation claim. Provided an injury is work-related, compensation is generally payable even if there is no fault on the part of the employer.
The definition of worker is quite broad and may also include contractors who carry out certain types of work in a ‘prescribed class’. If you are injured while working and unsure if you are a ‘worker’ for the purposes of claiming compensation, you should talk to a lawyer.
Making a claim
If you suffer a workplace injury you should report the injury to your employer as soon as possible and seek medical treatment. All injuries should be reported no matter how minor they may seem at the time.
Your doctor should assess your injury and recommend treatment options for your recovery. A Work Capacity Certificate completed by your doctor will set out a recommended treatment plan and the work you may be able to perform safely while you are recovering.
A claim for workers compensation should be made as soon as possible by completing a notice of injury and claim for compensation form. Employers are also required to complete an employer report form which is sent to the relevant claims processing agent.
Failure to promptly notify your employer of your injury and lodge a claim may affect your compensation entitlements.
Compensation entitlements
Depending on your circumstances and the nature and gravity of your injuries, you may be entitled to one or more of the following payments / assistance, up to the limits prescribed under the scheme and legislation:
- income support for loss of wages;
- reasonable and necessary expenses for medical treatment, for example, hospital admissions, physiotherapy, chiropractic care, rehabilitation and pharmaceuticals;
- reimbursement of reasonable travel expenses necessary to attend medical treatment;
- return to work services, for example, job placement and retraining;
- lump sum payments (pain and suffering) for permanent physical impairment;
- serious injury support.
Workplace fatalities
The scheme also provides financial support and assistance to eligible dependent family members of a worker who is the victim of a compensable workplace fatality. Benefits may include weekly payments, a lump sum, funeral benefits, and counselling services. Financial support may also be available to certain eligible non-dependent family members on the grounds of hardship.
Pursuing a common law claim
Where a serious injury has occurred and in certain circumstances, injured workers may be entitled to pursue a common law damages claim for economic loss. In such cases you will need to prove that the employer (either directly or through another employee or agent) was negligent and therefore responsible for your injury.
Time limits apply when pursuing a common law damages claim, and an award of damages may impact some of your entitlements under the statutory scheme.
When determining the feasibility of making such a claim, we will review the circumstances of the incident, advise on the employer’s potential liability, and the type of payments to which you may be entitled so you can make an informed decision.
Workers compensation law is complex and review proceedings may be available if there is an unreasonable delay in determining your claim, or if you are unhappy with a decision made by RTWSA about your entitlements. Specific criteria and time limits apply when seeking a review, so it is important to obtain legal advice promptly to ensure your rights are adequately protected.
If you need any assistance contact [email protected] or call 0401 234 710 for a no-obligation discussion and for expert legal advice.