Workcover Compensation

Claims for injuries in the workplace SA

All employees and some contractors have an entitlement to claim for workers’ compensation for an injury or illness that occurs at or is related to work.

It is not necessary to show that someone was at fault or that someone caused your injury or illness.

Compensation Entitlements

If you suffer an injury at work, you are entitled to claim workers compensation benefits, including income support, medical expenses and lump sum compensation.

Lump Sum compensation

There are two types of payments:

1. A non-economic loss payment – this is sometimes called a pain and suffering payment and is the equivalent of the Section 43 assessment.
2. An economic loss payment –available to workers who have an injury with a Whole Person Impairment of between 5% and 29%.

The most important consideration for both payments is the Whole Person Impairment (referred to as the WPI). In order to make a permanent impairment claim, the following are required:

1. Your medical condition must be stable (often referred to as having reached maximal medical improvement).
2. You must have been assessed by an accredited medical assessor as having a WPI of greater than 5%.
3. The assessment is carried out in accordance with the Guidelines and generally the psychological injuries and psychological effects are not taken into account.

Seriously Injured Worker

If you have suffered a substantial injury, it is possible that you will be classified a ‘Seriously Injured Worker’ which would provide you with further entitlements to income maintenance and medical expenses. Generally, in order to be considered a ‘Seriously Injured Worker’ you have to be assessed as suffering over 30% ‘Whole Person Impairment’. You now only have one chance at your ‘Whole Person Impairment’ assessment, so it is crucial that it is done right.

Employers Duty to Provide Employment

An injured worker can now make an application to the South Australian Employment Tribunal to order an employer to provide suitable employment within a reasonable time. In order to qualify for this you must have been incapacitated for work as a result of the work injury, have sought employment with your pre-injury employer by a notice in writing and the employer has failed to provide employment. You should seek legal advice about taking such an action.

We offer a first interview at our office, at your home, place of work or even in a hospital.
Simply contact us using the form on the right.

We operate Conditional Fee Agreements (known as ‘No Win, No Fee’).