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 in the course of your work, you are entitled to seek compensation in the form of income support, payment of medical treatment and rehabilitation and potential lump-sum payments if you suffer permanent impairment.

There are two types of lump sum payments namely non-economic loss (Section 58) and economic loss (Section 56). The minimum threshold to be eligible to receive a lump sum is 5% Whole Person Impairment (“WPI”). There is no entitlement to a lump sum for psychiatric injuries.

For permanent impairment assessments, your condition will need to have reached maximum medical improvement (“MMI”). You are then only entitled to one permanent impairment assessment per claim. Therefore, it is very important that this process is done properly and all possible related injuries are assessed.

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. For those workers who have not yet undergone a permanent impairment assessment, it is critical that the process is done properly to maximise your chances of being deemed a seriously injured worker.

If you have suffered a serious injury which prevents you from returning to work, you may also be entitled to claim a TPD benefit – see Insight for more info.

The Principal Lawyer has considerable experience in advising injured workers on the following issues:-

  • Lodging work injury claims and claiming weekly payments and/or medical expenses, re-training and rehabilitation services;
  • Disputing rejected claims for compensation;
  • Lump Sum Compensation pursuant to Sections 56 / 58 of the Return to Work Act 2014 – see Insight;
  • Hearing Loss claims including claims for hearing aids and potential lump compensation – see Insight for more info;
  • Section 53 / 54 Redemption of entitlements;
  • Section 18 Applications – see Insight; and
  • Average Weekly Earnings disputes.

We represent clients in the South Australian Employment Tribunal.

We offer a First Free Interview with no obligation.  To enquire about all aspects of Workplace Injury please contact the 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 most cases where we represent you in the South Australian Employment 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.

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.