Workers Compensation CU - Paul Alvaro Lawyers

Making a claim

A claim for workers compensation should be made as soon as possible after you sustain an injury. You should also seek medical advice and treatment, and report your injury to your employer promptly.

Generally, you should complete a Claim for Compensation form. Your employer will complete an Employer Report Form. These forms are forwarded by the employer to either Employers Mutual Ltd or Gallagher Bassett Services, the claims processing agents for WorkCover, and this initiates your claim. Procedures may differ in relation to an exempt employer.

If you have not already done so, a claim for workers compensation can be made by completing the below form and we can assist with this process.

www.rtwsa.com/media/documents/claim-form.pdf

Further information can be obtained from:

Return to Work SA
www.rtwsa.com

The South Australian Employment Tribunal
www.saet.sa.gov.au

Time limits for lodging a claim

A WorkCover claim must be lodged within six months of your injury having been sustained or your illness diagnosed. In certain circumstances, a claim will be accepted after the six-month period.

For common law claims associated with a workplace injury or illness, if you are over 18 years, you have 3 years from the date of the work related incident to lodge and settle a claim with the insurer. If the claim fails to settle, court proceedings must be filed before the 3 year anniversary of the incident. This is known as the “statute barred date”.

If you are late filing proceedings you will not be able to claim compensation without making an application to the court which may, in certain circumstances, grant an extension of time.

If you are under 18 years at the time of injury, you have 3 years from the date of your 18th birthday to issue court proceedings in relation to your claim. However, at any time after the injury your parent or guardian can instruct solicitors to bring a claim for compensation on your behalf. It is not always necessary to wait until you are 18 years old. Much depends on the nature and long term consequences of your injuries.

Serious Injury

If you are injured at work and are assessed as having a whole person impairment of 35% or more, you will be entitled to:

income support until retirement age of 100% of your notional weekly earnings in the first year, and 80% of your notional weekly earnings for subsequent years;
treatment, care, and support services over the course of your lifetime;
a payment for non-economic loss.

Redemptions

If you are seriously injured at work as from 1 July 2015, you may apply for a lump sum redemption of your future weekly payments by agreement with Return to Work SA.

Common Law Claims

If you are seriously injured at work as from 1 July 2015, you will have the option to bring a Common Law claim for damages for economic loss, where your employer’s negligence caused or contributed to your injury. If you recover damages at Common Law for your economic loss, your treatment, care, and support services will continue to be funded by the Return to Work Scheme, however, you will no longer be entitled to weekly payments or a lump sum redemption.

Workplace Fatalities

Dependants of a fatally injured worker in a workplace injury may be entitled to financial support and assistance including weekly payments, a lump sum benefit, funeral benefits, and counselling services.

How much will my claim cost?

Our professional fees and disbursements will be charged in accordance with the scale of costs prescribed by the Supreme Court Civil Rules 2006. In the event of a dispute you will be entitled to a contribution to your costs from WorkCover or your exempt employer. The rules in relation to this are complex and will be discussed with you in more detail at your initial interview.