Do you have a physical (as opposed to a psychological) work-related injury?
Have you lodged a claim for your work related injury?
Has your claim been accepted by the relevant workers compensation insurer?
If you answered yes to the questions above you may be entitled to two lump-sum compensation payments under the legislation that governs work-related injuries in South Australia (Return to Work Act 2014 (SA). As South Australia’s trusted workers compensation lawyers, we’re often asked about WorkCover payout amounts in SA, and what people need to do to get a workcover payout.
A lump-sum compensation payment under this section of the legislation is known as a ‘non-economic loss’ lump-sum.
This workers compensation lump-sum is intended to compensate you for losses sustained as a result of your injury which aren’t financial in nature.
There are certain criteria that must be met for you to be entitled to this type of lump-sum compensation payment including:
Your injury must have reached maximum medical improvement; and
Your injury must be assessed at a whole person impairment (WPI) level of 5% or greater.
A lump-sum WorkCover payout paid under this section of the legislation is known as an ‘economic loss’ lump-sum. This lump-sum is intended to compensate you for losses sustained as a result of your injury, which are financial in nature.
When the Return to Work Act 2014(SA) came into effect on 1 July 2015, it limited an injured worker’s ability to claim income payments while recovering from their injuries to a maximum of two years (unless they were categorised as a seriously injured worker). This economic loss lump-sum compensation payment gives injured workers some further monetary assistance for economic loss given the severe time limits in claiming income maintenance.
Again, certain criteria must be met in order for you to be entitled to this type of WorkCover payout including:
Your injury must have occurred on or after 1 July 2015;
Your injury must have reached maximum medical improvement; and
Your injury must be assessed at a whole person impairment level of between 5% and 29% inclusive.
This type of lump-sum also takes into account your age, and the amount of hours you were working at the time of your injury. For example a younger person who was working full-time hours at the date of their injury will have a higher economic loss workers compensation lump-sum than an older worker who was working part-time at the date of their injury, despite being assessed at the same whole person impairment level for their injuries.
Let’s explore some serious injury claim payouts, with examples of lump-sum payments for a shoulder injury and a lower back injury:
Sarah: 28 year old female with a right shoulder injury from 2017 scoring a WPI of 15% will be entitled to $33,058.00 for a non-economic loss lump-sum payment for her shoulder injury through WorkCover
Alex: 42 year old male with a lower back injury from 2018 scoring a WPI of 26% will be entitled to $87,717.00 for a non-economic loss lump-sum compensation payment for his back injury
Sarah: 28 year old female with a right shoulder injury from 2017 scoring a WPI of 15% working full time hours will be entitled to $87,660.84 for an economic-loss lump-sum WorkCover payout for her shoulder injury
Alex: 42 year old male with a lower back injury from 2018 scoring a WPI of 26% working 22 hours per week (0.57 FTE) would be entitled to $132,573.10 for an economic-loss lump-sum WorkCover payout for his back injury
Sarah received a total sum of $120,718.84 as a lump-sum compensation payment.
Alex received the total sum of $220,290.10 as a lump-sum compensation payment.
If you’d like tailored advice about WorkCover payment amounts in SA, the Johnston Withers Lawyers worker’s compensation team is here to help. Call us for a free initial consultation.
An injured worker is only entitled to ONE assessment per claim. This means it’s important that you receive legal advice from experienced workers compensation lawyers in South Australia to assist with the permanent impairment assessment procedure in order to maximise your claim.
The assessment itself is a very complicated one, where the accredited doctor is guided by strict rules and regulations, and it’s important that the doctor follows these correctly.
Given the one assessment only rule, it’s important that to know that as an injured worker, you can claim compensation for consequential injuries (injuries that occured due to an initially accepted injury, or due to treatment undertaken due to the initially accepted injury).
You may have a right shoulder injury and have overcompensated with your left shoulder causing an injury;
You may be prescribed medication for your lower back injury, which causes side effects such as dry mouth (xerostomia) or gastrointestinal issues, such as constipation and reflux disorder.
These types of injury can be claimed and must be assessed at the same time your initial accepted injury is assessed.
The Johnston Withers Lawyers team know the Return to Work Act 2014 (SA) like the back of their hands. They know that the entitlements under the Act are significantly limited, so we strive to make sure that injured workers’ entitlements are maximised. We’ve been representing injured workers across South Australia in relation to their lump-sum personal injury compensation claims for over 75 years. We offer a free initial consultation and a no win, no fee commitment.
If you or a family member have been injured at work and would like to discuss a lump-sum compensation claim, call Dominic Nasone on (08) 8231 1110 or get in touch online. When experience matters, such as in complicated workers compensation lump-sum claims, people come to Johnston Withers for help, the best workers compensation lawyers in South Australia.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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