Workers Compensation
What you could claim Workers' Compensation for?
To claim Workers’ Compensation benefits, no one needs to be at fault as long as you were injured in a situation that is covered. For example, the injury occurred while undertaking the activities for which you are employed.
A seriously injured worker is a worker who has been assessed as having a permanent whole person equivalent impairment of at least 35% for a physical injury and 30% for a psychiatric injury.
In certain circumstances, a worker will also be entitled to a Common Law claim for damages where an injury has arisen due to the negligence or fault of a third party or parties. A Common Law claim will often give rise to more generous compensation. If you have been injured at work, you may be unaware that such a claim is available.
Our experienced Workers’ Compensation lawyers in Adelaide will advise you of all available options at an initial obligation-free consultation. Please contact us to book.
How much compensation can you claim for your workplace injury?
To find out, simply complete our free online inquiry form to have your matter reviewed by one of our experienced Workers’ Compensation lawyers – completely free of charge.
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Workers' compensation lawyers
What you could claim for
Our Workers Compensation Lawyers are available to support workers who have been injured on the job. If you are injured at work, you may be able to claim compensation for the following:
+ Weekly payments of income maintenance
+ Medical and rehabilitation expenses
+ Lump sum for non-economic loss (i.e. pain and suffering) and economic loss where a permanent impairment is suffered
Frequently asked questions
What is Workers' Compensation?
The Return to Work scheme is a government scheme that is set up to compensate people who suffer work-related injuries. This means that when you are injured at work or because of something related to your work, you may be entitled to compensation for your injuries, provided that your employment was a significant contributing cause of the injury. In the case of a psychiatric injury, work has to be the significant cause of the damage.
Who pays for Workers' Compensation insurance?
In South Australia, the Return to Work scheme is funded by insurance premiums from businesses that employ people. Two Compensating Authorities are operating in South Australia – Gallagher Bassett and Employers Mutual Limited. In some cases, however, an employer might be self-insured.
If I’m disabled and cannot work for a certain period of time, how will I be compensated for lost wages?
If you are successful in receiving compensation, the Compensating Authority will calculate your average weekly earnings over the 52 weeks immediately preceding the date of injury. Then, for the first 52 weeks after the injury, you will receive 100% of this amount as income maintenance for each week in which you are totally incapacitated for work. In other weeks, where you might have partial capacity, you will receive this amount minus any income you have earned for that week in your employment.
However, after your first year of income maintenance, your payments will drop down to 80% of your average weekly earnings for the next 52 weeks, and after that, you will no longer be entitled to income maintenance. The only exception is if you can demonstrate that you are a seriously injured worker, which requires you to have a 35% whole person impairment arising from the injury. This is a very high threshold, and most people do not reach the threshold.
What will Workers' Compensation cover?
A workplace accident injury doesn’t have to be physical. It can also be stress-related or a pre-existing disease or condition that worsens. Physical conditions covered by Workers’ Compensation include:
+ Injuries suffered while travelling for work
+ An injury is sustained at work, as a result of work, or during work activities
+ Injuries sustained while receiving medical treatment for a separate work injury
+ Diseases caused by work or made worse by work
+ Pre-existing conditions made worse by work
How do I know if my employer has Workers' Compensation insurance?
All employers in South Australia must have Workers’ Compensation Insurance. Remember, their insurance company, not the employer, pays the claim.
What should I do if I have been injured at work?
To make a successful claim, you need to do the following:
+ Immediately report your workplace accident injury to your employer
+ Obtain medical evidence to prove your injury is work-related. This can typically be obtained from a qualified medical practitioner
+ Lodge a claim with your employer’s insurer
Will I lose my job if I make a claim?
You will not lose your job because you have made a Workers’ Compensation claim. However, if you cannot do your job because of illness or injury, this is likely to affect your employment.
How does a permanent impairment claim work?
For permanent bodily injury resulting from a work injury, the Return to Work Scheme provides compensation in the form of two payments:
+ A non-economic loss payment – also called a ‘pain and suffering’ payment
+ An economic loss payment is available to workers to have an injury with a Whole Person Impairment (WPI) of between 5% and 34%.
Three things are required to make a permanent impairment claim with help from our Workers’ Compensation lawyers:
+ Your medical condition must be stable (also referred to as having reached maximal medical improvement)
+ You must have a WPI of greater than 5%, as assessed by an accredited medical assessor
+ The assessment should be carried out as per the Guidelines. Generally, the psychological injuries and psychological effects are not taken into account
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Our lawyers
Roberto Clemente
Roberto has been practicing since 1996 and has amassed broad legal experience across many areas. The reputable and independent Doyle’s Guide has consistently acknowledged Roberto as a leading lawyer in motor vehicle law, public liability, and workers’ compensation in South Australia since 2015.
Christian Finocchio
Christian has been practicing personal injury litigation since 2007. He gained extensive experience in motor vehicle accidents, workers’ compensation, medical negligence, and public liability claims.
He is driven by understanding his clients, keeping them informed, and ensuring they understand the process.
Kirstine Ashworth
Kirstine is a Partner at C + F with extensive experience in large and complex cases in all areas of personal injury. Kirstine is passionate about helping people achieve fair and just outcomes.
Natasha Budimski
Natasha is a Partner at C+F Lawyers. A dedicated lawyer who represents clients in all areas of personal injury. She has a strong sense of justice and empathetic nature, equipping her to support her clients throughout their claims.