South Australian Consolidated Acts South Australian Consolidated Acts43—Lump sum compensation
(1) Subject to this
Act, if a worker suffers a compensable disability resulting in permanent
impairment as assessed in accordance with section 43A, the worker is
entitled (in addition to any entitlement apart from this section) to
compensation for non-economic loss by way of a lump sum.
(2) Subject to this
section, the lump sum will be an amount that represents a portion of the
prescribed sum calculated in accordance with the regulations.
(3) Regulations made
for the purposes of subsection (2) must provide for compensation that at
least satisfies the requirements of Schedule 3 taking into account the
assessment of whole of person impairment under this Division.
(4) An entitlement
does not arise under this section if the worker's degree of permanent
impairment is less than 5%.
(5) An entitlement
does not arise under this section in relation to a psychiatric impairment.
(6) If a worker
suffers 2 or more compensable disabilities arising from the same
trauma—
(a) the
disabilities may together be treated as 1 disability to the extent set out in
the WorkCover Guidelines (and assessed together using any combination or other
principle set out in the WorkCover Guidelines); and
(b) the
worker is not entitled to receive compensation by way of lump sum under
subsection (2) in respect of those disabilities in excess of the
prescribed sum.
(a) a
compensable disability consists of the aggravation, acceleration,
exacerbation, deterioration or recurrence of a prior compensable disability;
and
(b)
compensation by way of lump sum has been previously paid under this section,
or a corresponding previous enactment,
there will be a reduction of the lump sum payable under this section in
respect of the disability by the amount of the previous payment unless such a
reduction is incorporated into the provisions of the WorkCover Guidelines.
(8) For the purposes
of this section, the "prescribed sum" is—
(a)
unless a regulation has been made under paragraph (b)—$400 000
(indexed); or
(b) a
greater amount prescribed by regulation for the purposes of this definition.
(9) In connection with
the operation of subsection (8)—
(a) the
amount to be applied with respect to a particular disability is the amount
applying under that subsection at the time of the occurrence of that
disability; and
(b) an
amount prescribed by regulation under paragraph (b) of that subsection
must be indexed so as to provide annual adjustments according to changes in
the Consumer Price Index.
(10) For the purposes
of this section, any degree of impairment will be assessed in accordance with
section 43A (and the WorkCover Guidelines).
(11) Compensation is
not payable under this section after the death of the worker concerned.
(12) In this
section—
"WorkCover Guidelines" means the guidelines published under section 43A.