WHEN A CAR ACCIDENT CLAIM HAPPENS AT WORK

The issues that can arise when a person is injured at work as the result of a car accident were highlighted in a recent District Court case. The plaintiff was hit by a car while crossing the road to do her employer’s banking. As she was entitled to Workers Compensation a claim was made, although there was a delay before she began to receive weekly income maintenance payments. When there is a delay in paying an injured worker compensation for lost income then they are entitled to interest and in this case, as a result WorkCover had to pay...

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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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