Workers Compensation

Injured at work?
We’re here to help.

If you’ve suffered an injury at work or a work-related illness, you’re going through a rough time. You may require ongoing treatment, income support and peace of mind that you and your loved ones will be looked after.

Our workers compensation team can help you get back on your feet. We’ll focus on securing your entitlements while you concentrate on your recovery. It’s that kind of experience and expertise that’s absolute gold in situations when you need it most.

What is workers compensation?

If you’re injured at work or have suffered a work-related illness, you may be entitled to compensation.

Usually, this is an insurance payment known as workers compensation. In South Australia, employers must have workers compensation insurance to cover their workforces. An injured person must be a “worker” and must be injured “at work” to be eligible for compensation. There are specific definitions for these terms.

Common workers compensation injuries include:

Physical injuries
Psychiatric injuries
Noise induced hearing loss

If you’re injured while working or doing something work-related, and the injury continues for more than six months, you will need legal advice. If the insurer decides that you’re not entitled to compensation, contact us for help as soon as possible.

What can I claim?

Your workers compensation claim may fall into any of these categories:

Medical expenses
Income maintenance or weekly payments
Lump sum payments for permanent physical injuries
Travel expenses
Rehabilitation expenses

Many things influence what you might claim, so it’s a good idea to come and see us as soon as you can after your injury. Once we know your situation, we can work out what you should claim and when you should claim.

How much will it cost to make a compensation claim?

It’s a big decision to make a legal claim, especially if your income is uncertain. That’s why your peace of mind is so important to us.

That’s why you have our no win no fee promise. Have a chat with one of our lawyers for more information.

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How long will it take to finalise my claim?

We won’t advise you to make a final decision about accepting a settlement offer until we’re confident (based on doctors’ advice) that your injury won’t get any worse.

Estimating the timeline for a workers compensation claim is difficult. Usually, the injury must stabilise before finalisation of a claim. That means that we won’t advise you to make a final decision about accepting a settlement offer until we’re confident (based on doctors’ advice) that your injury won’t get any worse. This ensures you’ll get the best possible compensation to meet your needs. We can provide you with more information once we have details about your injury.

Frequently asked questions

Workers compensation laws say that “workers” can claim when they suffer an injury at work. The term “workers” is broad and usually includes permanent employees, casual employees, some independent contractors and some categories of volunteers. We will check your status to work out whether you’re eligible to claim.

Workers compensation laws say that an injury must have happened “at work.” That means that the worker must have been injured while working or doing something connected with work. This may sometimes include travelling between workplaces, or for off-site meetings.

If you’re injured because of an accident at work, you need to notify your employer immediately. You then have six months to make a claim, which involves filling out a form (that you can get from your employer or online) and then providing a work capacity medical certificate from your treating doctor. Once you’ve given it back to your employer, it will be passed on to the insurer. The insurer decides whether to accept the claim.

If your claim is accepted, the insurer will notify you in writing. This is called a “determination”. If the insurer rejects the claim, you will also receive written notification. If you disagree with this decision, or if you believe you’re entitled to more than the insurer is offering, you need to contact us immediately because it may be necessary to dispute the claim and you’ll need to lodge an appeal within one month of receiving the determination.

Payable medical expenses include those that are directly related to your injury, for example, surgeries, x-rays and other medical tests. You may also claim for medical-related costs, for instance, travel and accommodation if it’s necessary for you to travel to receive treatment. You may also claim for therapeutic aids and anything else you need for rehabilitation, including domestic assistance, home modifications, and treatments such as massage, gymnasium and hydrotherapy.

If your injuries leave you unfit for work, you may be entitled to income maintenance payments based on your average weekly earnings. If you can only partially work, you may be able to claim “top-up” payments. These payments usually decrease over time. The criteria are complex, so it’s a good idea to get legal advice before agreeing to any offers from the insurer.

In many cases, yes you can. Possibly you can claim for permanent impairment if your physical injury meets the threshold. You may claim compensation for whole person impairment and perhaps future economic loss. Working out your entitlements for permanent impairment is a complicated process. You’ll need legal advice if you’ve suffered a permanent impairment. In South Australia, there is no lump sum compensation payable for pain and suffering or psychiatric injury.

An employer must provide you with suitable employment. This may mean modified or alternative duties or reduced hours. You need to tell the employer in writing that you’d like to return to work and you should produce a doctor’s report that details the type of activities that you can perform.

If the employer fails to provide appropriate duties, you can apply for an order from the South Australian Employment Tribunal, but you should get legal advice before doing so.

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