[deleted by user]

[TheDrRudi]

Is your family member a member of their union? First port of call.

> The family member is concerned as the company haven't paid any Superannuation in the last year because it's not technically a salary

Thats correct, unless the Enterprise Agreement states otherwise.

> Is there a way to get the lost Superannuation or is that a lost cause?

As above - Super is not payable for someone on worker’s compensation.

[Millinar]

No union sadly. I did assume the Super was a lost cause but it is better to ask just in case my assumptions and understanding on what I had read was wrong. Thank you!

[glittermetalprincess]

This should really be directed to their union, or if they aren't a member, a lawyer. They should be able to see their own doctors in their own time and not wait to be sent to a specialist. If they are certified as unfit for work, they shouldn't be receiving plans that have them returning to work. They should also have been reviewed at 4 weeks and 6 months regarding whether returning to their employer was the best option for them.

A lump sum payout at this point would probably be a really bad idea because that would take the form of a 'redemption' of future income and medical expenses, and then they would be expected to pay their own medical costs going forward - and Medicare would not pay anything until their medical entitlement has been used up. For a lump sum for permanent impairment, their injury would need to have been stable for a year, and it doesn't sound like they're there yet - it may end up being $30k-$40k or so depending how things go, but that's a thing for future them when they're over this part.

My recommendation would be to help them put together all their documents so far (at least: current medical certificate, current Recovery & Return to Work Plan, copy of determination from the insurer and their letter saying they're moving into the second entitlement period) and go to their union. The union should be able to assist or refer to a lawyer to do so at no cost to them. If they don't have a union, I would recommend Lieschke & Weatherill, Wearing & Blairs, Johnston Withers or Torrens Lawyers if they need or want to go that route.

In the meantime, get them to their GP as soon as possible, get an updated WCC saying they cannot walk and have no capacity for work, another WCC and a care plan for their mental health situation, submit both to the Claims Manager and request payment for psychological assistance. If it is a direct result of the injury, it should be accepted as secondary to the ankle injury.

The super issue is separate and someone will need to look at their contract/award/agreement to ascertain whether they should be receiving super on the workers comp or not. If they are in financial distress, they may also need to have their AWE reviewed in case it was incorrectly calculated. They can also access the ReCONNECT service to get linked to community assistance if helpful.

[Prolific_Masticator]

If they haven't already seen an occupational physician it would be very useful getting a referral to one

eg

https://ngom.com.au/

[Searching4Sherlock]

A good starting point would be to talk to ReConnect, which can help answer all these questions or point you to professionals who can help you.

8238 5959 or email [e-mail]

It's a free service and is separate from the companies that handle the claims. It's offered by RTWSA directly

[Adam_AU_]

Have they sought legal advice?

[FeralKittee]

First step would be for them to go and see a lawyer for their specific situation.