There are three types of relief which may be available to compensate an employee who is unable to work due to an injury in the work place. These depend on the circumstances in which the injury is received, and the seriousness of the injury. The compensation will also go towards covering any specific economic loss or damage suffered. The forms of relief are:
- workers' compensation benefits
- common law claims against a third party
- social security payments.
An employee will only be able to keep one form of benefit and will have to refund (with certain very limited exceptions) any other benefits which were received.
This topic covers workers compensation claims under the Workers Rehabilitation and Compensation Act 1996 (SA) and the Safety Rehabilitation and Compensation Act 1988 (Cth). The government authority responsible for administering this legislation is SafeWork SA.
Common law claims against employers have effectively been abolished and the chapter discusses briefly various claims that may be made.
For the circumstances in which social security benefits are paid, see PENSIONS, ALLOWANCES AND PAYMENTS.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.