Workers' Compensation Lawyers Adelaide

You can claim workers compensation if you are employed or contracted to work, and you can prove that you sustained a physical and/or psychological injury whilst at work or relating to work. The South Australian workers compensation “no fault” scheme does not require an injured person to prove that their injuries arose from negligence, but there are various other necessary criteria which must be met for you to have a valid claim.

Under a valid workers compensation claim, you can claim income support (for lost time off work), reimbursement of medical and like expenses and, if you meet the threshold, lump sum compensation. If a third party (not your employer) is responsible for your injuries, you may be entitled to further compensation.
If the injury arose from a criminal offence, you may also be entitled to victims of crime compensation.

Yes. To name a few:

• You are required to submit your claim form within 6 months of sustaining the injury;
• Generally, you are required to make any surgery application during your medical entitlement period;
• If you are eligible to make a third party claim or make a claim against your employer, it must be made within 3 years of the date of your injury.

The time limitations are strict and we will assist you to comply with the time limitations.

If your claim is rejected or you disagree with an insurer’s decision, you must file an application for review with the SA Employment Tribunal within 1 month of receiving the decision. We can investigate and provide you with advice regarding your rejected claim.

An experienced workers compensation lawyer can assist you by navigating the legal process, ensuring that your claim is properly filed, the proper evidence is gathered and presented, and fighting for fair compensation. We help protect your rights and provide guidance on any disputes or complexities that may arise.

Workplace injuries should be reported immediately to your employer or supervisor. You are also required to fill out an incident report and seek medical attention to document your injury.

Manual handling is one of the leading causes of workplace injuries, contributing to around one-third of all reported cases. These injuries often involve the back, shoulders, and limbs.

No, if your workplace injury claim is accepted, your employer or their insurance should cover the medical expenses related to the injury. This includes doctor appointments, physiotherapy, and other necessary treatments.

Failing to report a workplace injury promptly can result in the denial of your workers compensation claim. It is crucial to notify your employer as soon as possible to ensure your rights are protected.

The most common workplace injuries include strains, sprains, fractures, and back injuries. These often result from manual handling, slips, falls, and repetitive motion tasks.

In most cases, workers compensation is the primary means for recovering damages from a workplace injury. However, in certain circumstances, such as employer negligence, a separate lawsuit may be possible.

Volunteers may be eligible for compensation under specific insurance policies or workers compensation schemes, depending on the type of volunteer work and the arrangement with the employer.

It is illegal for an employer to fire you solely because you’ve been injured at work or have filed a workers compensation claim. However, you can still be terminated for other valid reasons unrelated to the injury.

Yes, you can file a workers compensation claim without a lawyer. However, a lawyer can help ensure your claim is properly managed, especially if the case becomes complex or is contested by your employer.

In general, workers compensation payments are not considered taxable income, so no tax deductions are necessary. However, it’s best to seek advice from a tax professional for your specific situation.

Yes, you can still claim workers compensation after resignation or termination if the injury occurred while you were employed. The claim must relate to injuries sustained during your employment.

Business owners are typically not covered under workers compensation unless they opt to include themselves in their policy. They should review their insurance arrangements for specific coverage details.

Yes, casual employees are generally entitled to workers compensation if they are injured at work. Eligibility is based on the injury occurring during their employment, regardless of their casual status.

A potential employer can ask about your ability to perform job duties, but they cannot discriminate based on previous workers compensation claims. Your injury history should not be a factor in hiring decisions.

Yes, workers compensation claims can be reopened if the injury worsens or new symptoms related to the injury arise. Time limits may apply, so seeking legal advice is recommended.

Yes, stress-related injuries can be covered under workers compensation if they are directly linked to work conditions. However, proving these claims may be more complex and typically requires medical evidence.

Claims are paid by the employer’s workers compensation insurance, which covers medical and rehabilitation expenses, lost wages, and other costs related to the injury.

Yes, a workers compensation claim can be canceled if you decide to withdraw it. However, it’s advisable to consult a lawyer before making this decision to fully understand the implications.

Yes, a worker’s compensation claim can be opened after treatment if the injury occurred at work and was reported properly. You may be eligible for compensation for medical expenses and ongoing treatment.

Yes, an employer can contest a claim if they believe the injury was not work-related or if they dispute the extent of the injury. In these cases, you should contact us to seek legal advice.

A psychological injury typically includes conditions like anxiety, depression, or post-traumatic stress disorder (PTSD) caused by work-related stress or traumatic events. The injury must be diagnosed by a medical professional and proven to be directly linked to your employment.

To maximise your settlement, ensure you report the injury promptly, keep thorough medical records, follow all medical treatment plans, and consult a lawyer to navigate complex claims or disputes. Accurate documentation and strong legal representation can help secure the full benefits you’re entitled to.

Whole person impairment (WPI) is a medical assessment that determines the degree of permanent impairment caused by a work-related injury. The percentage rating assigned helps determine the level of compensation you may be entitled to for your injury.

The amount you can receive from a workplace injury claim depends on factors such as the severity of the injury, medical expenses, loss of earnings, and whether there is any permanent impairment. Consulting a lawyer can help provide a clearer estimate based on your specific case.

Weekly payments are usually calculated based on a percentage of your pre-injury average weekly earnings. The exact amount may vary depending on the duration of the claim and any caps set by the workers compensation scheme in your jurisdiction.

A redemption agreement is a settlement where the injured worker accepts a one-time lump sum payment in exchange for waiving future claims to workers compensation benefits. This option may be beneficial in cases of permanent injury or ongoing disputes.

Yes, you may be eligible for a lump sum payment if your work injury results in permanent impairment or if you reach a settlement through a redemption agreement. This payment compensates for future lost wages or medical costs associated with the injury.

The time it takes for the workers compensation claim process can vary, but generally, claims are processed within a few weeks after all necessary documentation and medical reports are submitted. Complex cases may take longer, especially if disputes arise, but early reporting and legal assistance can help speed up the process.