Once you have lodged a claim for Workers Compensation the compensating authority will make a determination to either accept or reject your claim.
Your claim will be accepted if the compensating authority is satisfied that your injuries are sufficiently related to your employment. However, if your claim is rejected and you believe this decision is incorrect, you have a right ask to have this decision reviewed.
How do I ask for a review?
In order to request that a decision be reviewed you will need to lodge an Application for Review with The South Australian Employment Tribunal (SAET) within 30 days of receiving the decision.
As the application is quite lengthy and requires some understanding of workers compensation law, we recommend that you consider seeking legal advice before lodging any application to ensure your rights are best protected.
If you miss the 30 day deadline, you should seek legal advice immediately as to whether an extension of time can be granted.
Once your application has been lodged, the SAET will ask an independent officer from the compensating authority to reconsider the decision.
If the decision is changed, you will be notified. If you are happy with the new decision then the matter is finalised.
If the decision is confirmed, your review will be referred to the SAET.
Disputes in the South Australian Employment Tribunal (SAET)
Once the matter has been referred to the SAET, you will be advised of a hearing date.
The first hearing is called an initial directions hearing (IDH). At the IDH, the Commissioner will assist the parties to resolve or narrow the dispute by agreement. If you have a legal representative, he or she can attend the hearing on your behalf.
If the matter is unable to be resolved at the IDH, 4-6 weeks later the matter will be listed for a conciliation conference. You must attend the conference in person unless you have permission of the SAET to attend by phone.
A further conciliation conference(s) can be listed and if the matter is not resolved, then it is referred for hearing and determination in a trial.
If you have concerns, don’t wait; contact our team of experienced workers compensation lawyers at Georgiadis Lawyers.
We can help you with any of the steps mentioned above to ensure you get the best possible outcome.
This article is written in South Australia.