South Australian Numbered Acts South Australian Numbered Acts73—Seriously injured workers—special provisions
(1) This section applies in relation to a seriously injured worker if the seriously injured worker has a right of action against an employer in the circumstances to which this Part applies.
(2) A worker to whom this section applies—
(a) is not entitled in an action against an employer to damages in respect of any treatment, care or support services; and
(i) a redemption of a liability to make weekly payments under Part 4 Division 5; and
(ii) damages for future economic loss due to the deprivation or impairment of earning capacity in an action against an employer; and
(c) in any event, is not entitled in an action against an employer to any damages other than damages that are for economic loss.
(3) For the purposes of subsection (2)(a), treatment, care or support services are—
(a) recovery/return to work services provided under Part 3; and
(b) services for which compensation is payable under Part 4 Division 2.
(4) For the purposes of subsection (2)(b), a worker to whom this section applies must, in accordance with the regulations, elect to claim damages of the kind referred to in subsection (2)(b)(ii) or to enter into an agreement under Part 4 Division 5.
(5) A worker to whom this section applies cannot commence an action for damages referred to in subsection (2)(b) or enter into an agreement under Part 4 Division 5 unless or until an election has been made under subsection (4).
(6) In addition to any requirement prescribed by the regulations, a worker cannot make an election under subsection (4) unless the worker has received advice about the consequences of the election from a legal practitioner who holds a current practising certificate.
(7) A worker is entitled to an amount, prescribed by or under the regulations, to compensate a worker for the cost of obtaining advice for the purposes of subsection (6).