Compensation Legal Hotline South Australia

What is the Return to Work scheme in South Australia?

It is SA's no-fault workers compensation system, governed by the Return to Work Act 2014 (SA) and operating since 1 July 2015. It provides income support, medical expenses and return-to-work support to workers injured in the course of employment, and is insured and regulated by ReturnToWorkSA (RTWSA). You do not have to prove your employer was at fault.

How long do weekly payments last under the Return to Work Act?

Income support is generally paid at 100% of your average weekly earnings for the first 52 weeks, then 80% for the next 52 weeks, with a maximum of 104 weeks in total. The cap does not apply to a worker assessed as a 'seriously injured worker', who can receive income support to retirement age.

What is a 'seriously injured worker' and why does it matter?

It is a worker assessed at 35% or more whole-person impairment for a physical injury, or 30% or more for a psychiatric injury. Reaching the threshold removes the 104-week income support cap and unlocks ongoing weekly payments to retirement age plus lifetime reasonable medical and care costs, so the assessment is one of the most important steps in a serious claim.

I was injured in a car accident in SA — how do I claim?

Motor vehicle injuries are handled through the Compulsory Third Party (CTP) insurance scheme under the Motor Vehicles Act 1959 (SA). The claim is usually made against the CTP insurer of the at-fault vehicle, and it is generally fault-based, so you need to show another driver's negligence. Damages are governed by the Civil Liability Act 1936 (SA). As a guide, claims made more than three years after the accident are generally not accepted except in limited circumstances, so do not delay.

What is the Injury Scale Value (ISV)?

The ISV is a scale from 0 to 100 used to rate non-economic loss — pain, suffering and loss of amenity — in motor accident claims. It is assessed under the Motor Accident Injury Accreditation Scheme (MAIAS), established by section 76 of the Civil Liability Act 1936 (SA). A minor injury scores low; the most severe injuries can reach 100, and the rating drives that part of your damages.

Where are compensation disputes decided in South Australia?

It depends on the stream. Workers compensation and Return to Work disputes go to the South Australian Employment Tribunal (SAET), with appeals to the Full Bench of the South Australian Employment Court. Motor accident (CTP) and public liability damages claims are litigated in the District Court, the Supreme Court for the largest matters, or the Magistrates Court for smaller claims.

Can I claim if I slipped and fell in a shop or public place?

Possibly. Injuries in public places are usually pursued as negligence (public liability) claims under the Civil Liability Act 1936 (SA). You generally need to prove the occupier owed you a duty of care, breached it, and caused your injury. The Act's caps, thresholds and statutory reductions apply, and minor injuries may recover little or nothing for non-economic loss.

Is there a time limit to bring a compensation claim in SA?

Yes, and the limits are strict and differ by stream. Work injuries should be reported and claimed with RTWSA as soon as possible. For personal injury claims, including CTP and public liability, court proceedings generally must be started within three years of the date of injury under the Limitation of Actions Act 1936 (SA), and CTP claims have earlier notification requirements. Because a late claim can be barred entirely, the safest approach is to get advice and lodge promptly rather than waiting to see how the injury develops.

How much does it cost to get legal help for a compensation claim?

Free legal information is available from the Legal Services Commission of SA (1300 366 424) and the SA Law Handbook (lawhandbook.sa.gov.au), though Legal Aid funding for personal injury is limited. Many personal injury lawyers offer a free first consultation and 'no win, no fee' arrangements. Legal Hotline can give you free information and book a fixed-fee consultation with an admitted lawyer if you want advice on your own claim.

Should I accept the insurer's settlement offer?

Not before you understand what it covers. Insurers may offer a lump sum that does not fully reflect your assessed impairment, your ISV rating, or your future loss of earnings, medical and care costs — and most settlements are final once you sign a release. Getting advice on whether an offer is reasonable, before you accept, is one of the most valuable steps you can take.