If you have had an injury in the workplace in South Australia, you may be entitled to compensation. You should consider speaking with a lawyer early on in the process. The workers compensation and Return to Work scheme can often be difficult to navigate.
In South Australia, the WorkCover scheme was replaced by the Return to Work Scheme. This came into effect on 1 July 2015. If your injury was prior to this date, there may be some transitional provisions that apply to you. You should seek legal advice.
Workers compensation terminology can be confusing and difficult to understand. To assist you in navigating this, we have prepared a list of terms you may come across during the process along with their meanings.
This refers to the Whole Person Impairment Assessment. The purpose of this assessment is to determine the extent of your impairment. It is advisable that you seek legal advice before a Whole Person Impairment Assessment is arranged, as there are many matters to consider that may be of benefit to you, including choosing an assessor and the potential to combine certain injuries.
As part of a Whole Person Impairment Assessment, you will be assigned a percentage of impairment. This will then be used to determine the lump sum payment you will receive. To be eligible to receive a lump sum payment, your whole person impairment score must be at least 5%. The lump sum you receive will be affected by your age at the date of injury and your full-time equivalent weekly hours of work.
This refers to the period in which you are entitled to have your medical expenses funded by the insurer for your injury. The medical entitlements period will start from the date of injury and end three years after this date. Once this period ends, your medical expenses will no longer be funded by the insurer unless you are considered to be a “Seriously Injured Worker”.
To be deemed a Seriously Injured Worker, you must be assessed as having a whole person equivalent impairment of at least 30%. Psychological and physical injures are assessed separately. A Seriously Injured Worker is entitled to 80% of the difference between their average weekly earnings and any earnings until retirement age. All medical expenses, care and support (e.g. home support) will be covered until death.
This refers to Maximum Medical Improvement. A WPI Assessment cannot be completed unless an MMI certificate is produced by your doctor. In issuing this certificate, your doctor indicates they are satisfied your injury has stabilised – that is; it is unlikely to get better.
Future surgeries often refers to an application under s 33(21) of the Return to Work SA Act for a determination that it is reasonable and appropriate for surgery to be undertaken beyond the expiration of the Medical Expenses Entitlement Period for accepted injuries.
This refers to the South Australian Employment Tribunal.
This refers to an Independent Medical Examination. The compensating authority (often referred to as the “insurer”) can ask an injured worker to submit to an IME for the purpose of assessing the condition, nut not treatment of it. If a worker does not submit to an IME, the compensating authority can suspend income maintenance payments until the IME takes place. The compensating authority must cover the examination cost and the costs incurred by the worker in attending the IME. The worker is entitled to receive a copy of the IME report and is also entitled to have this report translated at no cost.
If you become injured at work, please contact us to discuss your rights.
Our experienced team is here to help. We take the time to understand your situation and provide clear, practical advice tailored to your needs.
Please feel free to use the contact details below to get in touch with us.
Or, you can submit the form below — we aim to respond promptly.
