South Australian Numbered Acts South Australian Numbered Acts56—Lump sum payments—economic loss
(1) Subject to this Act, if a worker, other than a seriously injured worker, suffers a work injury resulting in permanent impairment as assessed under Part 2 Division 5, the worker is entitled (in addition to any entitlement apart from this section) to compensation for loss of future earning capacity by way of a lump sum.
(2) An entitlement does not arise under this section if the worker's degree of whole person impairment from physical injury is less than 5%.
(3) An entitlement does not arise under this section in relation to—
(a) a psychiatric injury or consequential mental harm; or
(b) noise induced hearing loss.
(4) Subject to this section, the lump sum will be an amount determined as follows:
where
"LS" is the lump sum
"PS" is the prescribed sum that applies in relation to the worker's whole person impairment
"AF" is the age factor applying in relation to the injured worker
"HWF" is the hours worked factor applying in relation to the injured worker.
(5) If a worker suffers 2 or more work injuries arising from the same trauma, the injuries may together be treated as 1 injury to the extent set out in the Impairment Assessment Guidelines (and assessed together using any combination or other principle set out in the Impairment Assessment Guidelines).
(6) If—
(a) a worker suffers a work injury that gives rise to an entitlement under this section; and
(b) the worker subsequently suffers—
(i) an aggravation, acceleration, exacerbation, deterioration or recurrence of the injury referred to in paragraph (a); or
(ii) a new work injury,
and the worker, as a result, has a second entitlement under this section,
there will be a reduction of the lump sum payable under this section in respect of the second entitlement by the amount of the payment for the earlier entitlement unless such a reduction is incorporated into the provisions of the Impairment Assessment Guidelines (and then this subsection will apply in relation to any third or subsequent entitlement in the same way in order to ensure that each lump sum previously paid is taken into account as new entitlements arise).
(7) For the purposes of this section, any degree of impairment will be assessed in accordance with Part 2 Division 5 (and the Impairment Assessment Guidelines).
(8) Only 1 claim may be made under this Division in respect of any impairment or impairments that result from 1 or more injuries (including consequential injuries) arising from the same trauma (and any injury that may subsequently manifest itself or develop after the assessment of impairment is made will not be compensable).
(9) Subsection (8) does not apply in any circumstances prescribed by the regulations.
(10) Compensation is not payable under this section after the death of the worker concerned.
(11) In the operation of this section, in no case can the lump sum exceed the prescribed sum adjusted by the age factor.
Division 7—Permanent impairment—non-economic loss