In South Australia injured workers other than Commonwealth Government employees and the like, can claim compensation under the Return to Work Act 2014. The term ‘employee’ may also include independent contractors or subcontractors in certain circumstances.
Most claims are handled by Return to Work SA thorugh their Claims agents Employers Mutual Limited (EML) and Gallagher Bassett but some claims are administered by employers direct.
Manfield & Co have experienced lawyers who can act on your behalf to assist you with the claim process and ensure that you receive your full compensation entitlements.
If you suffer an injury at work, it is important that you do the following as soon as practicable.
- Notify your employer of the injury. If you are asked to complete an injury or incident report, make sure you obtain a copy. Keep a record of any witnesses to your injury
- Seek appropriate medical treatment from a hospital or your GP and obtain a Return to Work SA(RTWSA) medical certificate
- Complete a Return to Work SA (RTWSA) claim form. The claim form can be downloaded from the RTWSA website at rtwsa.com. Make sure you include every injury in the claim form
- Seek early legal advice from Manfield & Co. We are happy to assist you with completing the Injury Claim Form.
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The RTWSA agent or self-managed employer may undertake a detailed investigation of your claim prior to deciding whether to accept it. As your claim is investigated, they will often refer you to an independent doctor for examination. As different doctors can have differing assessments of the same injury we can assist with this often confusing process. They may also engage an investigator to interview you and any work colleagues that may have witnessed your accident. Our lawyers can guide you through what may seem to be a confusing process.
If your claim is accepted, you will be entitled to the following:
- Income support for periods of incapacity, at 100% of your average weekly earnings for up to 52 weeks, then 80% of your average weekly earnings for a further period up to 52 weeks.
- Reasonable medical treatment for a period of 12 months after your date of injury if no income maintenance is paid, or the date that income maintenance for the injury ceases. There is scope for some treatment to be paid outside of this period, in certain circumstances.
- Lump sum compensation, if you are assessed as suffering at or above a 5% Whole Person Impairment as a result of your compensable injury.
If you are seriously injured
The above scope of entitlements applies to all workers unless you are considered a seriously injured worker. A worker is considered seriously injured if they have a Whole Person Impairment (WPI) assessed at 30% or more, as a result of the work injury. If you are seriously injured your potential entitlement to income support up to your normal retirement and medical expenses are not restricted by time limits.
Manfield & Co can help
- If a decision on your claim or entitlements is unduly delayed
- If your income maintenance entitlements are rejected, or incorrectly calculated, suspended or ceased
- If your employer does not provide suitable alternative employment that accommodates your injuries
- If you require assistance to process your lump sum compensation entitlement for your injury
- If you received an adverse reviewable decision we can apply to the South Australian Employment Tribunal for a review of the decision
- If the claims agent is not appropriately compensating you for lost income, medical or other costs related to your injury
- If you want to receive appropriate, effective and timely rehabilitation assistance
- If you need surgery outside your medical expense entitlement period
Lump sum compensation
It is very important to seek legal assistance with this process. Under the Return to Work Act 2014 there is an entitlement to only one Impairment Assessment for an accepted claim, for any and all injuries that may directly or indirectly arise from the work accident.
At Manfield & Co we are diligent in ensuring that all injuries are included in the Impairment Assessment process. When the Impairment Assessment is being arranged, you will be asked to select a doctor from a list of accredited assessors to conduct the assessment. We can assist you with this crucial aspect of the process.
Medical expense entitlement period
The medical expense entitlement period expires twelve months after your date of injury, or the last date of incapacity for which you received income maintenance for your injury. You should seek advice, as soon as possible, regarding making an application for funding for surgery that may be required outside of the medical expense entitlement period. These applications must be made during the medical expense period as strict time limits apply.
“Jace was very helpful.”
Jace was very helpful. I had a great outcome – it all work out well.
Neil, Prospect, Workers Compensation
“The whole company’s support was fantastic.”
Jace gave me the confidence that I was doing the right thing. His support was invaluable, we had the best outcome. The whole company’s support was fantastic. I feel so much better having done it (made the claim). I have a new job and am so much happier. Even my doctor says how much happier I look.
Jacqueline, Tea Tree Gully, Workers Compensation
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