Injured workers who missed out on workers compensation payments because of complex and inconsistent territorial legislation will have the opportunity to apply for special payments.
The South Australian Government passed amendments to the Workers Rehabilitation and Compensation Act 1986 in late 2006, to fix the gaps and inconsistencies in workers compensation territorial coverage. All states and territories have brought in nationally-consistent legislation which ensures that every worker is covered by one scheme and one scheme only.
From 13 September 2007, workers who were injured before the amendments and may have slipped through the system will have the opportunity to apply for ‘retrospective’ style payments.
'Retrospective' payments
Limited ‘retrospective’ benefits are availalbe for eligible injured workers who previously made a claim for compensation, and were rejected on territorial grounds at the time. Medical expenses and limited weekly payments can form part of this payment, although lump sum payments for permanent impairment cannot. Dependants of deceased workers will however be able to apply for a lump sum payment for death of a worker.
Ex gratia payments
An ‘ex gratia’ payment may be offered to both those who have made unsuccessful claims and those who have not made a claim in the past. WorkCover must be satisfied that there is substantial hardship and that overall it is appropriate that payments be made. WorkCover has complete discretion to award these payments and set the payment amount. Dependants of deceased workers will also be able to apply for an ex gratia payment.
Applicants have six months to apply for each form of payment, starting on 13 September 2007.
Contact us
If you are an injured worker and believe you may be eligible for the above payments you can contact WorkCover on 13 18 55 for more information.
Appointments can be made with WorkCover to discuss the application and application process as well as any other queries regarding the special payments.
Application
Complete the Application form - retrospective and ex gratia territorial payments and post it to:
Service Centre
WorkCover SA
GPO Box 2668
ADELAIDE SA 5001