Q: When can I make a workers compensation claim?
A: You can make a workers compensation claim if you have an injury that arises from employment. An injury can include:
- An acute injury from an accident at work.
- A chronic injury or condition that gradually develops from a period of repetitive and/or heavy work activity;
- A disease contracted whilst doing work duties;
- A pre-existing injury or medical condition that is aggravated, exacerbated, accelerated, deteriorates or recurs as a result of employment.
Q: What kind of compensation can I claim?
A: You can make a claim for:
- Medical expenses
- Weekly payments (for periods you are unfit for work, or are working reduced hours due to your injury)
- Lump sum compensation for permanent impairment arising from the injury
Q: How do I make a claim?
A: To make a workers compensation claim you need to:
- Attend a doctor and obtain a Return to Work SA Work Capacity Certificate (“WCC”) regarding your injury claim form and WCC, they are required to investigate and determine the claim. The determination must be in writing. The determination will advise whether you claim is accepted or rejected.
- Complete a Return to Work SA Claim form.
- Submit the Return to Work SA Claim form and WCC to your employer or their workers compensation claims agent.
Q: How long do I have to make a claim?
A: If you are injured at work, you should notify your employer as soon as possible, even if you are not sure you want to make a claim for compensation at that time. You have up to six months to submit a claim for compensation, but that time can be extended in certain circumstances.
Q: What happens next?
A: Your employer is required to provide the claim form and WCC to their agent within 5 business days of receiving it. Once the claims agent receives claim form and WCC, they are required to investigate and determine the claim. The determination must be in writing. The determination will advise whether you claim is accepted or rejected.
Q: Can I challenge the rejection of my claim?
A: If your claim has been rejected, or accepted on terms you do not agree with, you have the right to apply to the South Australian Employment Tribunal to review the determination. Any Application for Review must be lodged with the Tribunal within one month of receiving the determination to be “in time”.
Q: Who pays for my legal costs?
A: An injured worker is entitled to claim a contribution towards the legal costs they incur as part of an Application for Review to the Tribunal.
Contact DBH Lawyers for expert guidance in securing your legacy.
