South Australia’s Compensation Laws

Personal Injury & Workers Compensation Claims

South Australia’s Compensation Laws

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    Workers Compensation Injury Law

    S.A. SafeWork
    This is SA’s provider of South Australia’s workers compensation scheme promoting workplace health and safety. See www.safework.sa.gov.au.

    South Australia's Workers Compensation Act Click on the PDF icon to download the current “Workers Rehabilitation and Compensation Act 1986″.

    Who is entitled to claim Workers Compensation in the state of South Australia?
    An individual may be entitled to claim South Australian Workers Compensation if they are identified as a worker and have sustained a workplace injury in the state of South Australia.
    WorkCover South Australia is the management for Workers Compensation in South Australia.

    What are my limitation periods?
    In South Australia you must report your injury to your employer as soon as possible and lodge your claim within 3 years from your date of injury to avoid your claim becoming statue barred.

    What entitlements may I receive in compensation in South Australia?
    Receiving compensation in the state of South Australia does not differ from any other state in Australia.
    Some entitlements that you may receive in compensation are:
    • Your medical and rehabilitation expenses.
    • Your financial expenses while you no longer work at your original workplace.

    • Lump sum payment if your injury has a percentage of permanent impairment.

    What may my entitlements be to a Common Law Claim?
    Seeking legal assistance is the best way to go as the WorkCoverSA and other insurance companies just do not take these losses into consideration, therefore will minimise your compensation.”

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    Motor Vehicle Accident Compensation Injury Law

    Who is entitled to pursue a Motor Vehicle Compensation Claim in South Australia?
    An individual who has suffered an injury arising from an accident that has involved a Motor Vehicle of some sort in the state of South Australia may be entitled to pursue a Motor Vehicle Compensation Claim. Motor Vehicle Accidents that occur in South Australia are managed by Allianz and also referred to as the Motor Accidents Commission (MAC).

    What should I do legally after my accident?
    You should contact Allianz CTP claims on 1300 137 331 to make a claim soon as you can and contact the police to report the accident.

    Do I have any limitation to lodge the claim and report the accident?
    You should lodge your claim and report the injury as soon as you can. Failure to do will affect your entitlement to claim compensation and receive benefits. It is recommended that you lodge your claim within 9 months from your date of accident.

    What might affect my entitlements I receive in compensation?
    The following things may affect your ability to claim compensation in the state of South Australia:
    • If you were not wearing a seat belt
    • If you were not wearing a helmet while driving a motor vehicle of some sort
    • If you were riding on the back in a van or ute
    • If you were driving under the influence of alcohol and/or drugs
    • If you were the cause of the accident

    What are my entitlements to a Common Law Claim?
    To pursue a Common Law Claim for a South Australian Motor Vehicle Accident damages claim you must be able to established negligence, that the accident was not your fault. If you are found to be 25% negligent you may not be entitled to pursue a statutory claim through the insurance company and a Common Law Claim.
    Seek legal advice if you are unsure about claiming compensation and also if you are not sure about your legal rights and entitlements because seeking legal assistance can compensate your for past and future loses as the insurance company’s do not take into account plus pain and suffering.

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    Public Liability Compensation Injury Law

    Who is entitled to pursue a Public Liability?
    An individual who has been injured in a public place contributed by the negligence of another party in the state of South Australia may be entitled to pursue a Public Liability Claim.

    What is a Public Liability in South Australia?
    A Public Liability Claim is when someone has been affected in some way being physical or psychological from an accident arising in a public place some example are:
    • Defective products
    • Slip and fall in a public place
    • Accident on boats, planes, property, at a sporting events and at schools

    What should I do legally after my injury in a public place?
    You need to advise the negligent personnel that you have sustained an injury arising from an accident on or near where the accident occurred. You must consult your doctor about the injuries sustained so you have medical evidence reported to a professional. Thereafter, you should consult a Personal Injury Solicitor to advise you further of the next step and what entitlements you may be able to claim in compensation public liability claim in the state of South Australia as all states and territories of Australia are different. It is also highly recommended that you take photos of where the accident occurred and of your injuries if they are psychical.

    What are entitlements may I receive in compensation?
    Once your claim has been accepted by the person at faults insurance company some of your entitlements may include:
    • Reimbursement/ payment of your medical costs
    • Payment of your wages weekly

    What are my entitlements to a Common Law Claim?
    To pursue a Common Law Claim in the state of Australia you must be able to establish liability, have sustained a significant injury that has put yourself out of the workforce and have incurred medical expenses. A Common Law Claim is your legal right and can assist with your rehabilitation process. A Common Law Claim takes your past and future losses into account that the insurance company do not and pain and suffering.