Workers Compensation

COMMON LAW RIGHTS

The Return to Work Act (SA) was sold to us as to finally open up common law rights to people seriously injured at work. Those common law rights are best described as illusory.

If in a position to do so – SA-BEST will do the following where negligence can be established in law:

  • Seriously injured workers (30% WPI) have full common law rights (entitled to damages for non-economic and economic loss)

INJURED WORKERS

The current legislation throws injured workers off the scheme, removing income support after 104 weeks whether they are fit for work or not. The practical effect of this is that people return to work before their injuries are healed adequately – risking further aggravations and health problems and thus, increasing the burden of cost to the worker and the community

If in a position to do so – SA-BEST will do the following:

  • For workers with a whole person impairment of 20% to 30%, there must be a right of review where that worker risks causing aggravation to a claimed injury that has yet to have suitably healed

DEATH BENEFITS

The Government has shown time again it has no interest in properly considering families impacted by a workplace death.

If in a position to do so – SA-BEST will do the following:

  • Weekly benefits to be retitled to ‘economic loss’ providing a claimant with the choice of either weekly payment until the deceased worker would have retired – or by immediate and fair commutation
  • The Lump Sum benefit to be retitled to reflect ‘non-economic loss’ and that such benefit is made available to be claimed by a deceased worker’s estate where there are no financial dependants
  • A move to full common law rights (economic and non-economic loss) where an action for negligence can be established for a death
  • Section 84 disallows non-workers from a common law nervous shock claim – we will amend the Act to exempt immediate family members from that provision

RETIREMENT AGED WORKERS

Government are pushing people to work beyond the retirement age of 65 and we will ensure those workers, if dealing with a work-related injury, are also entitled to fair compensation

If in a position to do so – SA-BEST will do the following where workers over the age of 65 are seriously injured:

  • We will amend s 76 to ensure work capacity remains a relevant consideration in determining future economic loss for workers of a retirement age
  • Compensation beyond the age of retirement should not be impeded by superannuation benefit
Authorised by C. Bonaros 653 Lwr Nth East Rd Paradise 5075