Practice Areas

Work Injury

Crescent Lawyers specialise in work injury claims under the Return to Work legislation in South Australia.

If you have been injured at work, you are entitled to seek compensation under the Return to Work Act 2014.  This includes income support, payment of medical treatment, rehabilitation and potential lump-sum payments if you suffer a permanent impairment.

There are two main types of lump sum payments.  Firstly, non-economic loss – Section 58 of the Act.  This is assessed at a Whole Person Impairment (“WPI”) assessment.  The minimum threshold to receive a lump sum is 5% Whole Person Impairment (“WPI”) and only applies to physical injuries not psychiatric injuries. 

The second type of lump sum payment is economic loss – Section 56 of the Act.  There is a specific formula used to determine your Section 56 lump sum entitlements.

Before your level of WPI can be assessed, your condition will need to have reached maximum medical improvement (“MMI”). This is where your condition has been medically stable for the previous 3 months and is unlikely to change in the forseeable future with or without medical treatment. 

You are only entitled to one permanent impairment assessment per claim. It is therefore critical that the process is done properly and all possible related injuries are assessed to maximise your entitlements.

For more information about pursuing lump sum compensation click here to read our Insight on making sense of Section 58.  Click here to read our Insight on making sense of Section 56.

In the case that you have suffered severe injuries and are assessed as having a WPI of 30% or more, you will become entitled to income support until retirement age and medical treatment and support services over the course of your lifetime. 

If you have suffered a serious injury which prevents you from returning to work, you may also be entitled to claim a TPD benefit through your super policy – click here to read our Insight on making a TPD claim.  

We specialise in and can assist you with any of the following issues:-

  • Lodging work injury claims and claiming weekly payments, medical expenses, re-training and rehabilitation services;
  • Disputing rejected claims for compensation;
  • Average weekly earnings (AWE) disputes
  • Pursuing lump sum compensation;
  • Hearing Loss claims including claims for hearing aids and potential lump compensation – click here to read our Insight;
  • Section 53 / 54 Redemption of entitlements; and
  • Section 18 Applications – click here to read our Insight.

We represent clients in the South Australian Employment Tribunal (“SAET”).

We offer a First Free Interview with no obligation.  To enquire about all aspects of Workplace Injury please contact Principal Lawyer Belal Moraby on 8312 7055.

Feel free to have a look at our Insights page for the latest and relevant topics in Workplace Injury law.

Fees
In many cases where we represent you in the Tribunal, we agree to limit our legal fees to what is recoverable from the claims agent or employer which means that you will not be charged any legal fees directly.  As is required by the professional conduct rules, we always ensure that you are fully aware of the fees arrangement before commencing work.

In cases involving pursuing lump sums for physical injury or hearing loss under Sections 58 & 56 of the Act, we only charge legal fees if you meet the minimum threshold to receive compensation.  If you fail to meet the minimum threshold, we agree to write off our legal fees and you will not be charged for the work performed.

*We offer a first free no obligation interview to discuss and provide advice in regard to all aspects of workplace injury.