Who is eligible for workers’ compensation in South Australia?
All South Australian employers are required to have work injury insurance for their workers. You can make a workers’ compensation claim in South Australia if:
You’re employed full-time, part-time or casually
Self-employed, for example as a genuine independent contractor in a prescribed industry (building, cleaning, entertainment, transport and taxi)
A labour hire worker
You may be entitled to workers’ compensation if you’re a volunteer with:
South Australian Country Fire Services
South Australian State Emergency Services
Marine rescue worker
Where must an injury occur to be covered by workers’ compensation South Australia
To be eligible to make a workers’ compensation claim in Adelaide, you must sustain an injury either:
While working, or
Because of your employment
An injury sustained because of your employment includes:
While preparing to be ready for work or to leave work
At a work-related event
In the workplace while on an authorised break
Attending an educational institution, e.g under the terms of an apprenticeship
Attending a place to receive medical or recovery care
If you’re injured while travelling for work, you’re not necessarily able to make a workers’ compensation claim in South Australia. Travelling to and from work for example doesn’t alone establish a sufficient connection between an accident (which causes your injury) and your employment. A workplace lawyer in Adelaide or within South Australia can help to understand your situation and advise on your best course of action.
What injuries are covered by workers’ compensation in South Australia?
An injury includes:
Physical injury
Mental injury, including mental impairment (it does not have to be a diagnosable psychiatric illness, but your employment must be the significant contributing cause of injury)
Disease
Disfigurement
Death
You may also be able to claim compensation if your employment aggravated or caused the recurrence of a pre-existing injury or disease.
What can I claim for?
As a worker in South Australia, compensation depends on your specific circumstances, but may include:
Medical and rehabilitation expenses
Loss of income
Travelling expenses
Permanent impairment compensation
Return to work services
Pain and suffering
Paid assistance in some circumstances
How long will it take?
Your claim must be made within 6 months of the date of your injury.
The time frame to resolve your workers’ compensation claim depends on:
The complexity of your circumstances
The seriousness of your injuries
The treatment you need to restore your health
We’ll move as quickly as possible to get your claim finalised, while you focus on your recovery.
Fees
We are committed to ensuring everyone has access to justice. That’s why we offer our workers’ compensation services on a No Win, No fee* basis, so you don’t need to worry about out-of-pocket legal expenses.
We will help you to fully understand your rights and the compensation you may be entitled to.
What types of work injury can I claim workers’ compensation for?
If you work for a South Australian employer, you can make a ReturnToWorkSA claim for any physical or mental injury, disease, disfigurement or death experienced because of your work, or for a pre-existing condition made worse by your work.
Here are just a few examples of the types of workplace injuries and illness you can claim workers’ compensation South Australia for:
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no obligation appointment with a compensation law expert right away or,
Speak with our team about your options
Workers’ compensation claim process in South Australia
Document and report your injury or illness to your employer
It’s important to immediately inform your employer about your work-related injury and keep any relevant information and documentation relevant to this conversation. Depending on the circumstances, your employer may need to report your injury to SafeWork SA.
Seek medical help and advice
Make a doctor's appointment – preferably with your personal doctor – and explain what has happened. It’s important the doctor documents everything thoroughly and accurately and you ask them for a ‘Work Capacity Certificate.' If you believe that you have been diagnosed incorrectly, it’s important to seek a second medical opinion.
Submit your claim to your employer
You will need to complete and submit a workers compensation claim form to your employer. This form is available through the Return to Work SA website.
We’ll help you build and strengthen your compensation claim
If your workers compensation claim is not accepted or is being delayed, we’ll help you gather all the evidence and documentation required to contest the insurers' decision.
As your workcover lawyers in Adelaide and South Australia, we are committed to ensuring the process is simple, streamlined and as stress-free as possible so you can focus on what matters most – your recovery.
Resolve your case
If your claim is successful, you will receive the compensation you are entitled to, so you can focus on your future.
No Win, No Fee*
We do our best up-front to make sure you understand your legal claim, including whether your claim is on our No Win, No Fee* basis.
We’re here to make the claims process as simple and stress-free as possible.
It's time to...blow their cover
We've heard too many stories about injured workers being denied their rights, and it's time to make a stand. Your boss can't stop you from making a workers' compensation claim.
"I recently used Shine Lawyers for a work injury claim and they were fantastic. They were always reassuring and professional, making the whole process much less daunting. Their quick responses to calls and emails were much appreciated. I would gladly use Shine again and recommend them to others." - Kris
CLIENT FEEDBACK
"I had the pleasure of working with the team at Shine Lawyers for my work injury case. They were amazing throughout the entire process, always checking in to make sure I was doing okay. I’m extremely grateful for all the help I received and would highly recommend the North Lakes team to anyone in need of legal assistance." - Shara
Workers’ compensation in South Australia FAQs
Who pays the Workers’ Compensation?
If you’ve been injured at work and your employer is found to be responsible, your employer’s insurance company will pay your compensation.
If you make a claim against your employer, there are laws in place to ensure they don’t treat you differently during the claim process. If they do, they could be held liable for discrimination. Our workers' compensation lawyers in Adelaide and South Australia can help you make a claim while ensuring you are not treated unfairly for drawing a line between right and wrong.
Can I represent myself, or do I need a work injury damages lawyers in South Australia?
It is possible to legally represent yourself when making a claim. However, doing so successfully will likely require a thorough understanding of the law, statutory time limits, your legal rights and entitlements, and a commitment to actively pursuing the case to move it forward.
Without an experienced workers’ compensation lawyer in Adelaide and South Australia in your corner, it can be difficult to identify and highlight the strengths of your case.
Without the right legal advice and support, you then may not receive the compensation you're entitled to under the South Australian workers’ compensation scheme.
Why trust Shine to be my workers’ compensation lawyers in Adelaide and South Australia?
We have helped thousands of Australians right wrong and access more than $1 billion in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation free initial consultation so you can understand your rights and know where you stand.
*Conditions apply
What aspects of the law can Shine’s workers’ compensation lawyers in Adelaide and South Australia help me with?
Our team of workplace lawyers in Adelaide and South Australia may be able to help you to:
Support you if your employer refuses to cooperate with your claim, or pressures you to return to work
Access compensation if your employer's insurer refuses to pay for treatment or hasn’t approved your request for surgery
Fix incorrect or entitlement payments or gain access to payments that have been cut off
Provide advice if you have suffered a workplace injury and need advice on the next steps
Where are Shine's workers' compensation lawyers in Adelaide and South Australia located?
Our Adelaide team is conveniently located in Flinders Street. Our building is wheelchair accessible. With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you can't find a location near you, we can easily arrange an obligation-free virtual appointment. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.