Should you Lodge a Workers Compensation Claim or use Accrued Sick Leave?

In today’s cost of living crisis, many people are concerned about the best way to continue receiving income while dealing with a work-related injury. If you’re in this situation, you might wonder whether to continue using any sick leave you may have accrued or if you should lodge a workers compensation claim.

Key Considerations:

1. Using your sick leave: a comfortable but risky option

You may have accrued a large amount of sick leave that you can use any time.
Using sick leave may seem easier and more comfortable than lodging a workers compensation claim. However, relying too much on sick leave can expose you to risks, especially if your recovery takes longer than expected, or if you run out of leave before you are able to return to work.
There are time limits associated with lodging workers compensation claims following an injury – if you delay lodging a claim and notifying of the injury, you may be prevented from doing so at a later date/time.

2. Why consider a Workers Compensation claim?

Lodging a workers compensation claim can provide many benefits and protections that your sick leave cannot. We’ve outlined the many benefits of lodging a workers compensation claim below.

Entitlement. You have the right to lodge a claim for any work-related injury, whether physical or psychological, under the Return to Work Act SA 2014 (the Act).

Weekly income payments. Once your claim is accepted, you are entitled to up to two years of weekly income payments – you just need to provide up to date work capacity certificates with the insurer.

Medical and like expenses. Accepted claims cover ongoing medical expenses for up to three years, including but not limited to doctor visits, surgeries, rehabilitation assistance, medications and travel (per km rate) ensuring you don’t have to pay out of pocket, with future surgery needs also able to be covered following pre-application and approval.

Whole Person Impairment Compensation. Once your physical injury is deemed to be stable, you can undergo permanent impairment assessment. If your injury is deemed to have resulted in a permanent impairment exceeding 5% of the whole person, you are entitled to lump sum compensation (in addition to your weekly income payments).

Possible Ongoing Income and Medical Expenses Entitlements. Whole Person Impairments over 35% for physical injuries and 30% whole person for psychological injuries will result in weekly income payments continuing beyond two years until retirement age and ongoing reasonable medical expenses – offering financial peace of mind for those unable to return to work and needing treatment.

Dispute Mechanisms. If issues arise with your claim, the SA Employment Tribunal deals with disputes, initially at Conciliation then potentially a Hearing.

Settlement Options. The Act allows for the option of settling your claim with a lump sum that covers past, present, and future entitlements, if this is your preferred outcome and you and the insurer can agree on this outcome.

3. Other Options

If your medical condition is not a work injury and your sick leave has been exhausted, you may also have entitlements under an income protection policy. Most government employees have their superannuation with Super SA, and most policies have income protection insurance as a standard cover. This can usually provide up to two years of income protection payments at 75% of your salary. You may also have Total and Permanent Disablement Insurance through your superannuation policy which would provide a lump sum if you cannot work (and meet the Super SA eligibility requirements). You should seek advice from Super SA about your insurance coverage and legal assistance to navigate the Super SA processes.

SASSLA supports members with workers compensation claims through legal assistance with our lawyers at TGB Lawyers. If you require assistance, please contact Leanne at SASSLA in the first instance and we will refer you to TGB. TGB can support you in completing a workers compensation claim (or income protection/TPD claim) and provide comprehensive support from the start of your claim, right through to its resolution, including representing you at meetings or Tribunal hearings.

Article written by our lawyers, Amber Sprague and Lauren Hooper, at TGB Lawyers.

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Whilst other associations and the Department talk about leader well-being, it has only been SASSLA who has provided the care, concern and professional guidance for me over the past two years. As leaders we often hear of others enduring stressful times and it is easy to gossip, dismiss or think it won’t happen to us and walk away. I hope no-one has to endure what I have, but if you do, you can’t afford not to belong to SASSLA.

Lynne-Maree Hastings, Principal

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Lynne-Maree Hastings, Principal

Joining SASSLA has afforded me the greatest level of professional support I could possibly have hoped for. It provided me the opportunity to be heard meaningfully and with the assumption of good intent. The Association has shown great expertise in both legal and departmental processes, as well as holding clear understandings about management and site context. I will continue to appreciate their professional network and membership.

Betty Elsworthy, Preschool Director

I became a member of SASSLA in my first year as a Primary School Principal. The immediate and responsive support I received from Phil O'Loughlin and the entire team provided me with the skills and knowledge required to navigate some complex decision making and change management. Balancing the needs and entitlements of students and staff with the expectations of the wider community provided many challenges. SASSLA's expertise and understanding of the Department’s policies and procedures provided me with the foundation and confidence to navigate these challenges. Their unconditional support and advice was instrumental in achieving positive outcomes for our school community. I can't thank them enough and recommend membership to all leaders.

Adam Blakely, Principal

Being a member of SASSLA provides me with support and care as a Preschool Director. The representation of early childhood education within the Association is a priority as is the challenges associated with this leadership role. SASSLA has been instrumental in working with other Associations to discuss Directors’ workload and the Enterprise Agreement around the 24 hour face to face teaching time. My issues and concerns are always addressed promptly and in particular Phil O’Loughlin has always ensured my wellbeing is of the utmost importance. I would recommend membership to all Preschool Directors as the personalised representation and recognition of our work is a key focus.

Nicole Otto, Preschool Director

I see my SASSLA membership as a type of insurance policy. It’s my support network to fall back on in possible times of crisis. Knowing that I have legal assistance a phone call away and financial assistance with legal costs gives me peace of mind. It’s reassuring to know that I have genuine peer support now and throughout my future career.

Ilia Tsoutouras, Education Director

My SASSLA membership is an essential, professional investment in a service and resource I could not go without. Knowing I can make a call to SASSLA enables immediate communication to take place in a confidential and reassuring context when faced with unforeseen challenges. They actively listen with clarity and provide recommendations of action during conversations. All matters are dealt with great sensitivity and care.

Dina Zunis, Principal
Primary Principal of the Year 2021

As a principal, you can often feel under siege when battling vexatious complaints, whether it be responding to Ministerials, mediating conflict in the workplace or managing underperforming staff. I received very little support from other sources and only ever felt like SASSLA appreciated the effort I was making to provide children with a quality education which they deserve.SASSLA understands the pressures and the unique conditions that school leaders experience daily. Without SASSLA’s support and guidance, I am not sure how I would have made it through these complex situations. The work SASSLA does is invaluable, and I encourage school leaders to join and be protected and supported by SASSLA.

Catherine Cox-Walliss, former Principal

Without the support of SASSLA I would not have stayed connected to and be continuing in my chosen and much loved career. It is so important that Principals have the full support and confidence of the Department. My very public legal case highlighted the fragility of the system when support and confidence dissipates in the face of political interference, media attacks and intolerance. SASSLA gave me support and encouragement during a very difficult time and when it seemed that no-one else would listen

Sue Burtenshaw, Principal

SASSLA has been a necessary and valued support, especially during a period of extreme work based trauma. I have found Mardi Barry’s assistance to be prompt, approachable and most understanding and the advice from Amber Sprague at TGB Lawyers enabled me to negotiate leave and workers compensation to ensure an eventual return to good health.

I have been impressed by the professionalism of Phil O’Loughlin and Leanne James who enable the voices of rural leaders to be heard and valued. Their tireless work in seriously rethinking the role, workload and issues of principals will make an enormous difference for future leaders.

Lesley Okholm, Principal

I have been a SASSLA member for 20 years and have found their assistance invaluable as a school leader and even more so now that I am moving into a new role as an Education Director. It has been reassuring to know that I have access to expert advice in stressful times and someone to talk to who gives an impartial voice on leadership issues. The service I received from Tindall Gask Bentley Lawyers was brilliant. They are highly experienced in Departmental policies and procedures and assisted me during a very vulnerable time. I am glad I made the switch 20 years ago!

Deb O'Neill, Education Director

I have been a SASSLA member for over 15 years and worked in both country and metropolitan schools. I have always appreciated SASSLA’s strong advocacy work on behalf of all leaders. I am fortunate to have experienced the compassion, support, and expert advice of SASSLA’s Chief Executive, Phil O’Loughlin, in partnership with the legal support of Tindall Gask Bentley Lawyers, during a challenging professional time. I highly recommend SASSLA to education leaders.

Matt Saunders, Principal

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