AVERAGE WEEKLY EARNINGS – WHAT IS A FAIR AVERAGE?

When it comes to calculating weekly Workers Compensation payments sometimes the ‘average’ just isn’t right, as the Workers Compensation Tribunal decided in a recent case. A person who is incapacitated as a result of a work injury is entitled to weekly payments of income maintenance calculated in accordance with the Workers Rehabilitation and Compensation Act. The way that the rate of those payments is calculated is set out in section 4 of the Act which states that it is, “the average weekly amount that the worker earned during the...

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CAN I GET WORKERS COMPENSATION IN SA IF I’M INJURED IN ANOTHER STATE?

An SA social worker on a three-month placement on Christmas Island who suffered Post Traumatic Stress Disorder as a result of her involvement with survivors of a boatload of asylum seekers that foundered on rocks with many passengers drowning had her claim for Workers Compensation rejected on the basis that she was not employed in SA. The injured worker, who was employed by Life Without Barriers (an Australian public company with branches across Australia) disputed the decision to reject her claim in the Workers Compensation Tribunal, which...

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I’M A WORKER NOT A STRIPPER

Showgirls at an Adelaide striptease venue are ‘workers’ because their elaborate dresses and other apparel are their ‘tools of trade’ but in contrast their makeup, cream, strawberries and neon paint were the materials with which they worked. The issue arose when the Supreme Court was called upon to determine whether the showgirls came within the definition of a ‘worker’ under the Workers Rehabilitation and Compensation Act. According to The Palace Gallery, their showgirls were independent contractors and not workers because they...

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DOES A TERMINATION PAYMENT MEAN I DON’T GET WORKERS COMPENSATION?

What happens when a person who is injured at work receives a termination payment? Does that mean that they are not entitled to Workers Compensation payments for lost income because they’ve already been paid? This question arose when a Council employee who was employed on a fixed term contract was terminated by the employer four months before the end of his contract period. The Workers Compensation Tribunal found that this early termination was an unreasonable breach by the Council of the employment contract because it was without...

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