August 1999 Volume 80 Number 8
"serving the protectors"
| August 1999 Volume 80 Number 8 "serving the protectors" |
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CRIMINAL INJURIES COMPENSATION
A person who sustains injuries from a criminal offence is entitled to receive compensation under the Criminal Injuries Compensation Act. This compensation is awarded on the basis of a zero-to-50 scale, each unit in the scale representing $1,000 in compensation.
Usually required is the offender’s conviction and medical evidence of the injury sustained. When the injury is deemed to have been caused as a result of a criminal offence - and the minimum threshold of one point out of 50 is reached - compensation will be paid by the State of South Australia to the victim. The State will also meet all legal costs. It is then a matter for the Crown Solicitor to decide if the offender will be pursued for reimbursement of the awarded damages and costs.
The scheme operates as a good alternative to a common law action against the offender, as most offenders don’t have sufficient funds to make civil action worthwhile. The Criminal Injuries Compensation scheme is, in effect, a scheme which is underwritten by the State of South Australia to ensure that victims of crime receive some compensation.
Many police officers do not pursue criminal injuries compensation because they believe the matter or the injury to be minor. In some cases they are simply unaware of their right to pursue such compensation.
Injuries may be either physical or psychological. Police officers have, in many cases, been compensated for psychological injuries arising out of assaults or other incidents in the course of their duties.
WORKCOVER CLAIMS
WorkCover claims are covered by the Workers Rehabilitation and Compensation Act, under which an injury is compensable if it arises from, or in the course of employment. Any injury which occurs in the course of employment may be compensable under the act. Police officers will often have rights under this legislation as well as the Criminal Injuries legislation.
Once an entitlement under the act has been established, compensation can then be obtained in three broad categories:
- Medical expenses.
- Loss of income.
- Lump sum for disability.
Most of these matters are paid by the employer without too much controversy. Disputes still arise, however, and these can be dealt with under the dispute resolution process. One should ensure, in the first instance, that all injuries are reported and some initial legal advice is obtained to preserve rights under the act.
Employers have a duty to aid and assist the rehabilitation of their employees - injured in the course of their work - with a view to resuming their normal duties or redeployment. When this is inappropriate, a lump sum may be payable as a redemption of the right to claim income maintenance - in other words, a severance package. However, a redemption rarely leaves the worker with full compensation for loss of future earnings and should be seen as a last resort.
Police officers who suffer work injuries should inform their employer and contact PASA for advice.
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