Employment Law
Employment Law – Your legal rights in SA
If you have suffered a work injury, hearing loss, emotional harm, either recently or at some time in the past, then we can help you.
You may be entitled to payment of your medical expenses, a supplement to your income, or even a lump sum settlement.
Please fill out the appropriate form above for your circumstances
YOUR EMPLOYMENT LAW LAWYERS
Samantha Kelly
Lawyer
Hadeel Al-Dabbas
Lawyer
Lushen Pillay
Lawyer
I’ve been injured on the job. Am I entitled to compensation?
Yes. If you have suffered a workplace hearing loss, emotional harm, either recently or at some time in the past, then we can help you. Whether you’ve been injured physically or psychologically, you may be entitled to compensation – payment of your medical expenses; a supplement to your income; or even a lump sum settlement.
Helping injured Workers make claims for compensation is the biggest area of our practice. We have the experience and expertise that can assist you in any type of injury that you might have suffered.
We don’t shy away from difficult claims. Even if the people you worked for are no longer in business, or if you worked for yourself, or if you have not worked for years, you may still have a claim.
We understand that most people don’t want to fight for their rights and get a large legal bill at the end that makes them question whether it was worth it. That’s why we aim to get you the most out of your entitlements while keeping our services affordable.
We handle claims against South Australian employers and national employers. This includes claims made by military personnel. We also proudly help those who volunteer themselves in the emergency services.
Who can claim for Workers Compensation?
Workers Compensation is compensation payable to a Worker who suffers an injury or disease arising out of or in the course of the worker’s employment.
A Worker may be entitled to compensation for:
- weekly payments while incapacitated for work
- medical and other expenses
- rehabilitation expenses
- permanent impairment.
In some circumstances, a Worker may also be able to make a common law damages claim.
Who is a Worker?
To be entitled to compensation, a person must be a Worker.
A Worker is someone who works under a contract of service or a training agreement. This includes casual employment. A contract does not have to be a formal, written document; it could be implied and/or a verbal agreement.
For more information about who is included and excluded from the definition of a Worker, see Workers Compensation Handbook: The Basics. (PDF, 175.5 KB)
When a Worker is entitled to Compensation
A Worker is entitled to Workers Compensation if they suffer an injury or disease that:
- arises out of or in the course of their employment, or
- their employment has contributed to by a substantial degree.
Excluded injuries
Injuries suffered in the following situations are specifically excluded:
- any injury that occurs while a Worker is travelling between their home and work (unless the injury occurs during a deviation from their normal route that their employer tells, asks or authorises them to make)
- any injury that occurs during an absence from the workplace that was not authorised, directed or requested by their employer
- any injury that is caused by a Worker’s serious or wilful misconduct (unless the injury results in their death, or serious and permanent incapacity)
- any injury that was intentionally self-inflicted.
Disease
A Worker is entitled to compensation for a disease where their work is the major or most significant factor in their disease.
Some injuries and diseases are contracted by a gradual process or may not become apparent until sometime after initial exposure or contraction.
Industrial deafness/hearing loss
Industrial deafness is the permanent loss of hearing caused by a Worker being exposed to industrial noise in their employment.
A Worker is entitled to Workers Compensation for industrial deafness that occurred after 16 August 1995. They must have suffered more than 5% binaural hearing impairment due to industrial deafness since 16 August 1995.
Do you offer a No Win, No Fee option?
Yes, we offer a No Win, No Fee option. We only charge for our services if and when you are paid a lump sum payment. If you aren’t, you won’t be out of pocket.
Flexible Parental Leave Pay
The flexible period:
- is up to 30 days
- usually starts after the first period has ended
- can be used in flexible periods negotiated between the employee and employer
- has to be used within 24 months of a child’s birth or adoption.
Payment of the Parental Leave Pay Scheme
There hasn’t been any changes to how PLP is paid. In most cases, PLP payments are made to the employer, who then pays the employee.
PLP from the Australian Government doesn’t change paid parental leave from an employer. Employees can get both.
More information – for more information on PLP or to make a claim, go to Services Australia – Parental Leave Pay Scheme.