Workers’ Compensation
Have you suffered a work-related injury?
If you have an injury or disease arising out of your employment, you may be entitled to compensation. There are two ways that you can seek compensation for a workplace injury in South Australia and that is through Return to Work, which is our state-based system, or Comcare which is Australia’s Federal scheme.
What is Return to Work?
Return to Work (formerly known as WorkCover prior to 1 July 2015) is a state-based, South Australian workers’ compensation scheme. It’s worth noting that some South Australian companies are self-insured, which means they manage their employees’ claims internally but are bound by the State based workers’ compensation legislation.
If your injury was prior to 1 July 2015, and you were originally covered by WorkCover, some transitional provisions may apply to you. You can discuss this with your lawyer.
Who can make a Return to Work Claim?
Return to Work SA covers injured workers including full-time, part-time and casual workers, casual labour hire workers and in some cases contractors and the self-employed. It is important to note that some workers will be covered by Comcare, rather than Return to Work SA. If you are unsure which compensation scheme covers you, contact Andersons for advice.
The process for claiming compensation through Return to Work SA can be complicated. To find out about your rights and entitlements, you can contact Andersons’ workers’ compensation team who can guide you through the process.
What is a Comcare?
Comcare is a scheme that provides workers’ compensation entitlements to injured workers employed by the Commonwealth, a federal agency or licenced corporation. For example, employees of the Australian Taxation Office or Australia Post, as well as larger employers (often operating across state boundaries) who have been provided with a specific Commonwealth licence to operate under Comcare. If your employer is a Comcare employer, you will not be covered by the South Australia Return to Work scheme if you suffer a work-related injury.
Your rights and entitlements to workers compensation
Each scheme has rights and entitlements when you’ve been injured or suffered a work-related illness or disease and wish to make a workers compensation claim (either Return to Work or Comcare).
If you are having difficulties with your claim, you should seek legal advice from a Personal Injury lawyer experienced in Workers’ Compensation. If you think you have an entitlement to make a claim, or if you disagree with a decision of your case manager contact Andersons for a free initial consultation.
What can I claim if I’m injured?
If you have sustained a workplace injury you may be entitled to the following compensation, regardless of who was at fault or who was responsible for your injury:
• Workers’ compensation benefits such as weekly payments for loss of income.
• Medical and rehabilitation expenses .
• Lump sum compensation for non-economic loss.
• Lump sum compensation for economic loss (unless seriously injured cases).
• Common Law damages (in some cases).
Common Law is based on an employer’s duty to take reasonable care for the safety of their employees and to comply with Work Health and Safety laws.
For there to be a Common Law claim, negligence must be established. That is, establishing fault on the part of the employer (for example failing to comply with safety laws) or a third party. A third party claim can occur when a worker’s injury is caused by the negligence of someone other than the employer, for example, a contractor, or employers of a different employer.
An injured worker only has a Common Law claim against the employer if they are considered a ‘seriously injured‘ worker.
Detailed legal advice should be obtained as Common Law claims are very complex.
Time limits
You should notify your employer of any work injury as soon as possible even if there is no need to lodge a claim at that time.
A claim for Workers’ Compensation needs to be lodged within six months of the disability arising or being diagnosed. In some cases, you may be able to lodge a claim after this period however it’s important to discuss your situation with a Workers’ Compensation lawyer as soon as possible to ensure you receive your full rights and entitlements.
A claim for Common Law damages needs to be lodged within three years of the event that caused your injuries, unless the court orders an extension of time to commence an action. If you are under the age of 18 years at the time of the accident, a parent or guardian may instruct a solicitor to start proceedings on your behalf and in those circumstances, the three year limit does not start until you turn 18 years old.
What if my claim is rejected?
If your claim is rejected you have 30 days from notification of rejection or dispute, to advise the insurer that you are seeking reconsideration of the decision. You must act fast if you disagree with decisions relating to your claim or your entitlements. There are differences between the Return to Work scheme and Comcare so it’s important to know all the facts to ensure you have the best chance of a successful claim.
For more detailed information on the Return to Work scheme (including those who are affected by the transitional provisions) or the Comcare scheme, download the relevant guides on the left of this page or contact Andersons Workers’ Compensation team.
Andersons’ lawyers are experts in Workers’ Compensation claims and can guide you through each step of the process.