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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FLY IN FLY OUT (FIFO) EMPLOYEES AND WORKERS COMPENSATION CLAIMS

Working in the Coal Seam Gas Industry or the Mining Industry usually means workers are required to fly in and fly out of the work site on a rostered basis. You could spend as long as three weeks out of four on a site. You work your shift and then spend your non-working hours in employer accommodation, eating your meals in employer canteens and using recreational facilities provided by your employer, and sometimes assisting the nearby towns in events which will encourage goodwill between the employer and the town. At your induction they tell...

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RELYING ON THE OPINIONS OF MEDICAL PANELS AT TRIAL

The recent decision of the Workers Compensation Tribunal in relation to the matter of G v SAFECOM brings to the fore the spectre of the Opinions issued from Medical Panels SA (brought in under legislative changes in recent years). The crux of the matter considered by the Workers Compensation Tribunal in this case was as to in what circumstances the written Opinion issued by Medical Panels SA should or can be admitted into evidence. Ordinarily a report or opinion of a specialist (be they a doctor or other expert) needs to be tendered into...

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COMPENSATION FOR HEARING LOSS AT WORK

A worker who suffers hearing loss from exposure to noise in the workplace can claim a lump sum payment of compensation and the Workers Compensations laws help to overcome the difficulty of proving how or when the hearing loss occurred. In a recent case in the Workers Compensation Tribunal a worker claimed a lump sum payment of compensation for hearing loss and tinnitus under section 43 of the Workers Rehabilitation and Compensation Act. Section 43 entitles a worker who has suffered a permanent physical impairment of 5% or more as a result of...

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