Injured People

Victory for injured workers in SA

Tindall Gask Bentley partner Amber Sprague says the Supreme Court decision is a victory for injured workers in South Australia, who have had their right to a fair trial restored.

The Court ruled that medical panels do not have the final say on WorkCover matters and can only give an opinion to the Workers Compensation Tribunal, where workers have access to legal representation.

“Injured workers in this state finally have hope,” Ms Sprague said.

“The sting has been taken out of medical panels and workers now have legal options.

“This is certainly a step in the right direction towards making WorkCover a fairer system, which has stripped workers of basic rights since the introduction of legislation amendments in 2008.”

It was argued in the Yaghoubi and Campbell case that medical panels are “unconstitutional”, but that was denied by the full bench of the Supreme Court in a 2-1 decision.

  “It’s a strong argument and we’re disappointed that the panels were not entirely overturned,” Ms Sprague said.

 “But the fact that there has been some change eases some of the uncertainty for injured workers, and gives them options.

“It also sends a clear message that the 2008 amendments to Workers Compensation were too harsh and must be re-assessed.”

Tindall Gask Bentley is the largest personal injury firm in South Australia.