Under the South Australian legislation, workers are divided into two categories.
Seriously injured workers
If you have a 30% Whole Person Impairment or more, you will be classed as a seriously injured worker under the Return to Work Act 2014.
This means you could be entitled to payment of the following:-
- Reasonable medical expenses for life;
- Income maintenance payments through until retirement age;
- A lump sum payment to compensate them for any permanent loss of function.
Non-seriously injured workers
A worker who has less than 30% Whole Person Impairment is defined as a non-seriously injured worker. If this is you, you can expect to claim the following:-
- Weekly payments for time missed from work up to a maximum of two years;
- Reasonable medical expenses for up to 12 months after your income maintenance payment ceases (up to a maximum of three years);
- Possible lump sum payment for a permanent loss of function;
- Possible lump sum payment for non-economic loss.
In some cases, a non-seriously injured worker may be entitled to have the cost of surgery or other medical expenses paid for beyond the three year period referred to above. However, this is subject to certain criteria being met.
To qualify for either of the lump sum payments referred to above there are thresholds that you will need to meet.
If you are uncertain about your entitlements or you would like advice in relation to your workers’ compensation claim, contact DBH Lawyers on 1800 324 324 or send us a message, to arrange an obligation free appointment with one of our personal injury solicitors.