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Home | Compensation & Personal Injury Lawyers | Workers Compensation Claims

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.

At Turner Freeman we have experienced workers’ compensation lawyers in South Australia who can provide you with advice and represent you in workers’ compensation matters.

Compensation Entitlements

Unfortunately, most injuries happen in the workplace. If you suffer an injury at work, or the nature and conditions of your employment cause you to suffer an injury, you are entitled to claim workers compensation benefits, including income support, medical expenses and lump sum compensation.

Our Fee Policy in Workers’ Compensation Claims

No Win No Fee Workplace Compensation Lawyers Adelaide | Turner Freeman Lawyers SA

For personal injury claims in the state of South Australia we act for our clients on a No Win-No Fee basis. In other words, unless we are successful in receiving compensation on behalf of the client they will not be charged for the legal work done by our firm or any expenses incurred when investigating the claim. Call 13 43 63 and speak to one of our personal injury lawyers for further information about our No Win-No Fee policy. Conditions do apply.

Our South Australian offices are in Adelaide CBD and Whyalla.

FAQ

Can I make a workplace injury claim?

Can I make a workplace injury claim?

Employers in South Australia must provide compulsory insurance to protect their workers in the event of a work-related injury or illness. Workers' compensation insurance provides cover for the following workers:

  • permanent and casual employees;
  • full-time, part-time and casual workers;
  • some self employed workers (including contractor's and sub contractor's performing building work).

What types of injuries or disabilities are covered?

What types of disabilities are covered?

Aside from physical injuries and illnesses, you can also make a claim for psychiatric injury as a result of work.

If you have a pre-existing condition that was made worse by your work then you may also have an entitlement to claim. You are not precluded from claiming even if your pre-existing condition was unrelated to work.

What can I claim?

What can I claim?

What you can claim depends on your situation. In short, if you suffer a work injury or illness you can claim for:

Medical and like expenses, including:

    1. rehabilitation expenses (physiotherapy, hydrotherapy, massage, acupuncture, gym membership);
    2. obtaining and maintaining therapeutic aids (such as hearing aids and mobility devices);
    3. domestic assistance and home and vehicle modifications;
    4. travel and accommodation costs.

Income maintenance (weekly payments) based on your earnings prior to your injury.

Lump sum compensation.

Medical and like expenses

If the insurer refuses to pay for any medical costs, rehabilitation costs, travel expenses or the cost of therapeutic devices we can assist you by challenging the decision in the South Australian Employment Tribunal.

Income maintenance (weekly payments)

If you are unfit for work or have only a partial work capacity then you can make a claim for weekly payments.

  • If you are unfit for work you are able to claim payments for time that you are unfit for work.
  • If you have a partial work capacity because of your injury but you are earning less than before you were injured you may have an entitlement to claim "top up" payments based on your pre injury "average weekly earnings".

It is important that you speak with your doctor about your injury. Your doctor will assess your work capacity and complete a certificate which you must lodge with your claim.

Lump sum compensation.

If your injury or illness has resulted in a permanent disability you may have an entitlement to lump sum compensation. You can claim lump sum compensation even if you have never received weekly payments, or if your weekly payments have stopped.

The amount of work injury compensation you receive depends on your level of impairment and the date of your injury. If you have a whole person impairment of at least 5% you will be entitled to compensation for:

  • pain and suffering (also referred to as non economic loss); and
  • loss of earning capacity (economic loss).

Lump sum payments for economic loss do not apply to hearing loss claims.

It is important that you speak with a workplace injury lawyer before having a permanent impairment assessment to ensure all of your injuries and conditions are considered as a part of your claim.

Is there a time limit to claim?

Is there a time limit to claim?

There are strict timelines within which you must lodge your claim. You are required to make your claim within six months from the date your entitlement to claim arises. In most cases, this means you must make your claim within six months of the date you were injured at work. If you do not lodge your claim within these times you may lose your entitlement or you may have to seek an extension of time.

It is important that you speak with us as soon as possible to protect your entitlement to claim.

My claim has been rejected what do I do now?

My claim has been reject. What do I do now?

If you are unhappy with a decision made by an insurer you can challenge the decision by filing an application in the Tribunal. You must file the application within 30 days of receiving the decision.

It is important that you speak with us as soon as possible to protect your entitlement to claim.

Can I claim damages at common law?

Can I claim damages at common law?

You can sue your employer in a court if:

  • your injury was caused by negligence of your employer;
  • you have made a claim for compensation and that claim is accepted by the insurer;
  • the claim is for injury resulting in a permanent impairment of at least 30% whole person impairment or the death of a worker.

If you meet these criteria you can elect to bring a case in the courts for damages for loss of future earning capacity. You cannot claim damages for any other kind of damages, including pain and suffering or medical expenses.

Do I need a lawyer?

Do I need a lawyer?

The workers compensation system can be confusing and overwhelming. Turner Freeman has experienced workers compensation lawyers who will handle all aspects of your claim from lodging your worker claim form to negotiating with your employer and their insurance company.

Telephone us on 8213 1000 to arrange a no obligation consultation with one of our workers compensation lawyers in South Australia.

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