Posted on March 20, 2019
If you are injured at work and are in receipt of weekly income support payments because you aren’t able to get back to work, then generally speaking there is a limited time for which you can access that support. The end of the two year period can be very daunting.
What happens if you cannot get back to work at the end of the two year period and your injury is not stable?
The law allows injured workers to make an application for their payments to continue past the two year period. To be successful, a worker needs to be able to point to evidence that their work injury will result in permanent impairment (“whole person impairment”) that is likely to be 30% or more.
This can be difficult to prove and requires skill, knowledge and expertise in understanding not only the medical condition but the guidelines that apply for rating permanent impairments. It is not impossible and should be investigated to see whether you can fulfil the criteria.
In a recent case in the SA Employment Tribunal, our firm successfully argued that a worker who had injured his knee and his lower back was entitled to continuing payments.
You can read about that case here: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET//2018/220.html
If you need advice or assistance on an issue like this or similar, you can contact one of our lawyers who can explain the process and what is involved so you can make an informed decision about what to do with your future.