Earlier this year, the South Australian Parliament passed the Return to Work (Employment and Progressive Injuries) Amendment Act 2024 (SA), which updates and amends the workers compensation legislation in South Australia, the Return to Work Act 2014 (SA). Most of the changes took effect on 1 December 2024.
The legislation introduced two main changes which are applicable for injured workers who suffer from dust diseases:
1. Easier access to entitlements for workers with progressive or terminal injuries
The legislation streamlines the process for injured workers who are suffering from dust diseases or terminal conditions related to work injuries. By clarifying when a worker’s condition has “stabilised,” the new laws enable quicker access to permanent impairment assessments and introduce a fairer method for calculating compensation. For example, if you suffer from lung cancer or mesothelioma as a result of dust exposure, you are entitled to undergo your permanent impairment assessment, even though your condition may continue to deteriorate.
The assessment of permanent impairment for a compensable injury is crucial to determining compensation entitlements under the Return to Work Act. For example, the amount of lump sum compensation available cannot be determined without an assessment of the worker’s whole person impairment.
2. Fairer outcomes with respect to income support entitlements
Workers who suffer from dust diseases are often in significantly different employment positions from when they first suffered from dust exposure to the time of the diagnosis of their injury. For example, an apprentice carpenter who was exposed to asbestos dust during their apprenticeship will ordinarily have lesser earnings in comparison to when they are fully qualified. Previously, the calculation of average weekly earnings occurred with reference to the employment at the time of the exposure, rather than the employment at the time of diagnosis of a dust disease.
The legislation allows for workers who suffer from dust diseases to calculate their average weekly earnings with reference to either:
- (a) the employment where they were exposed to the dust that caused their injury, or
- (b) the employment as at the time they were diagnosed with the dust disease.
This means that injured workers who suffer from a dust disease are not subject to unfairness and are able to elect and choose which employment is used for the purposes of calculating their average weekly earnings.
These changes are significant in creating a more supportive environment for injured workers who suffer from dust diseases as a result of dust exposure.
Get in touch with our specialist dust diseases lawyers
At Turner Freeman, we have specialist dust diseases lawyers in workers compensation who will assess your case and provide personalised advice regarding your legal entitlements.
Our lawyers are located across South Australia, including at our offices in Adelaide, Aberfoyle Park and Whyalla. We also travel to see clients at hospitals and their homes.
Strict time limits can apply, so if you would like to obtain advice about your entitlements and/or wish to investigate a potential claim for compensation, please contact our SA dust diseases team on 08 8213 1000.
We also have dust diseases lawyers around Australia. If you are located in Queensland, New South Wales, the ACT or Western Australia, you can also contact our team.
