How do I start?
The first step is to book an obligation free first appointment with one of our lawyers. We need to hear your story and work out if you have a claim. First appointments can often last for two to three hours, but no matter how long it lasts, there will be no charge if you decide not to go ahead. If you do go ahead, there will be a charge but it will not be payable until the end of the case and only if you are successful in receiving compensation.
How do I make a claim?
If you’re injured because of an accident at work, you need to notify your employer immediately. You then have six months to make a claim for compensation – in practical terms, this means that if you want to claim compensation for a medical expense, you have six months from the date the medical expense was incurred to claim compensation for that medical expense.
To make a claim for compensation, you must:
- Complete a ReturnToWorkSA Claim Form (which you can get from your employer or online);
- Attend a doctor to obtain a ReturnToWorkSA Work Capacity Certificate.
- Submit the Claim Form and Work Capacity Certificate to your employer.
Your employer is required to provide the Claim Form and Work Capacity Certificate to their workers compensation insurer (called a “Claims Agent”).
The Claims Agent will then investigate the claim and make a decision to accept or reject the claim. The decision must be provided in writing (in a document called a “Determination”).
If the Determination says your claim is rejected (or “not accepted”), or you disagree with the terms of the acceptance, you can apply to the South Australian Employment Tribunal to review the Determination.
Any Application for Review must be filed with the Tribunal within one month of you receiving the Determination to be “in time”. You can get an extension of time to lodge an Application for Review (if it has been more than one month since you received the Determination).
In what types of claims does DBH have experience?
We act for clients in all aspects of medical negligence claims, and our lawyers have expertise in acting for clients with significant injuries, such as strokes, amputations, birth injuries and brain damage.We also manage complex claims, including claims against hospitals, and are well-versed in complex medical conditions and technologies.