The Return to Work (Scheme Sustainability) Amendment Act 2022 (SA) partly commenced on 1 August 2022, with the remaining provisions commencing on 11 August 2022. The amendments that commenced on 1 August 2022 mainly affect the assessment of permanent impairment under section 22 of the Act, and the calculation of associated lump sum payments for economic loss (section 56) and non-economic loss (section 58).
The amendments that commenced on 11 August 2022, set out a number of key dates for changes to the Act.
From 17 October 2022, a worker who is classified as seriously injured can elect to receive a single lump sum payment for economic loss under s 56, in lieu of ongoing weekly payments until retirement age. This process is outlined in section 56A of the Return to Work Act 2014 (SA). A redemption of medical expenses for seriously injured workers is also available.
On 1 January 2023 the serious injury threshold for physical injuries will change from 30% to 35%. The new threshold will apply to workers who have not had a final examination for a whole person impairment assessment before 1 January 2023. Workers who are classified as seriously injured, or have an interim serious injury decision before 1 January 2023 will continue to be classified as seriously injured or interim seriously injured workers.
Injured workers that may be affected by the changes will be contacted by Return to Work SA or the claims agent with further information about the changes to the Act.
Workers compensation law is a complex area of the law, so legal advice specific to an individual worker’s circumstances is strongly recommended. Please see the Return to Work website for further information on the recent reforms.
Workers who are injured at work may be entitled to compensation under the Return to Work Act 2014 (SA).
Most employers are registered with Return to Work SA. Return to Work SA contracts out the management of claims relating to registered employers to one of two claims agents, Employers Mutual Limited (EML) or Gallagher Bassett (GB).
Some larger employers are self-insured and manage their own claims. Injured workers have the same entitlements, whether they are employed by a registered employer or by a self-insured employer.
Return to Work SA, its claims agents and self-insured employers are called compensating authorities.
Workers who are injured at work may be entitled to payment of:
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