How South Australia values an injury
There is no single payout figure for an injury. In South Australia the amount depends first on which scheme applies, because each sets its own rules for what can be claimed and how pain and suffering is scored.
Road accidents
Compensation is scaled by the Injury Scale Value (ISV) from 0 to 100. Pain and suffering needs an ISV of 11 or more, and gratuitous care needs an ISV above 10. Treatment expenses can be paid for lower-value injuries.
Work injuries
No-fault benefits: weekly income support at 100% of average earnings for 52 weeks then 80% to 104 weeks, medical expenses for a limited period, and a lump sum for permanent impairment of 5% or more. Workers assessed at 30% or more are “seriously injured” and keep income and medical support long term. Only seriously injured workers (30% or more whole-person impairment) can bring a common law damages claim for negligence, limited to economic loss. Claims for pure mental harm have no lump sum entitlement.
Public liability and medical negligence
Negligence must be proved. Non-economic loss is assessed on a 0 to 60 scale with a threshold of 7 days of significant impairment or a minimum medical expense, and the general limitation period is 3 years from the injury.
The parts of a payout
- General damages for pain, suffering and loss of enjoyment of life. This is what the calculator above estimates, and it is the part most affected by state thresholds and scales.
- Past and future economic loss: lost wages so far, reduced earning capacity for the rest of your working life, and lost superannuation. For serious injuries this is usually the largest component and can run to seven figures.
- Treatment, care and equipment: past and future medical costs, rehabilitation, aids, home and vehicle modifications, and the value of care from family.
What moves the number
Your age and occupation, because future income loss is calculated to retirement. Whether the injury is permanent and how it scores under the state’s impairment or injury scale. Any contribution you made to the accident, which reduces damages proportionally. And the quality of the medical evidence: a claim settles on what can be proved, not what happened.
Time limits
Lodge an injury claim form with the CTP insurer within 6 months of the accident. Court proceedings must start within 3 years. Work injury claims have their own lodgement step: Report the injury to your employer and lodge the claim with ReturnToWorkSA or the self-insured employer within 6 months of injury or diagnosis.