Adelaide Office
17 Sturt St,
Adelaide 5000 SA
Tel: 08 8231 1110

Clare Office
245B Main Rd,
Clare 5453 SA
Tel: 08 8842 1132

Port Augusta Office
14-16 Gibson St,
Port Augusta 5700 SA
Tel: 08 8642 5122

Whyalla Office
5 Forsyth St,
Whyalla 5600 SA
Tel: 08 8644 0300

Roxby Downs Office
1A Tutop Centre Tutop Street,
Roxby Downs 5725 SA
Tel: 08 8642 5122

Personal Injury

WorkCover and Workers Compensation

For over 60 years Johnston Withers has been representing injured workers in relation to their workers compensation claims. We act for workers funded by the State WorkCover Scheme and those who have claims under the Comcare Scheme.

Typically our work will involve:

  • taking a detailed history from the client as to how the injury occurred,
  • lodging a claim on their behalf, and
  • representing clients in negotiations with WorkCover or Comcare as appropriate.

We attend a conciliation conference with our clients and have in-house counsel who will prepare cases and argue matters on behalf of clients at the Workers Compensation Tribunal. In many such cases we arrange that we will not bill a client until the conclusion of proceedings and payment of a settlement sum.

Our solicitors are sensitive to the stress placed on injured workers as a result of their injuries and fight hard to ensure that injured workers rights are respected, including their right to comprehensive rehabilitation. Our firm has taken WorkCover to the Tribunal on many occasions and has been successful in upholding the rights of injured workers.

We have also represented widows as a result of death claims and successfully obtained both lump sum payments and ongoing payments for them and their children.

Personal Injury

If you have suffered an injury, you may have a claim for damages. In most personal injury claims, save and except for Workcover and Comcare claims, there is a requirement that negligence and/or a breach of duty causes personal injury, loss and damage.

If you think you may have an entitlement to make a claim, please speak to one of our lawyers. Different time limits apply with respect to the bringing of proceedings arising from claims. If you fail to bring a claim within the time allowed, you may be disentitled to any claim for injury.

The owner or occupier of premises owes all persons using those premises a duty to prevent risk of harm or injury. Similarly, the manufacturer of goods and materials. In order to succeed in a claim for public liability, manufacturer’s liability or other claims involving negligence, there is a requirement that the person injured sustained injuries as a result of neglect, or omission or failure to take reasonable care for the safety of the person injured.

Medical Negligence

There can be many circumstances which amount to medical negligence, including:

  • Failure to properly diagnose
  • Failure to treat
  • Failure to perform surgery or provide medical services in a proper or adequate manner
  • Failure to warn patients of risks prior to surgery or procedures

If you believe you may have suffered personal injury, loss or damage as a consequence of medical negligence it is most important that you seek prompt and early legal advice as to any potential entitlement.

The law in respect to medical negligence can be extremely complex and due to legal requirements it is ordinarily a pre-requisite that a medical expert provide a report to support your claim.

Further, it is most important that all medical records, including all clinical data relevant to treatment, be preserved and maintained.

A lawyer at Johnston Withers can provide you with advice as to your legal rights or any entitlements you may have regarding your injuries, but medical negligence claims often involve complex medical and factual issues which require full and thorough investigation.

Motor Accident

Persons injured in a motor vehicle accident in South Australia are entitled to claim compensation under the CTP insurance policy for vehicles registered in South Australia.

The right to compensation is dependent upon the person other than yourself being at fault, either wholly or partially, causing the accident and injuries.

Subject to proof of fault, a driver, passenger, cyclist or pedestrian is entitled to make a clam for damages as a consequence of personal injury suffered.

There is no requirement to prove negligence as a cause of your injury.

If you think you may have entitlement to make a claim, you should consult a lawyer forthwith. Even if you are partially at fault for the occurrence of the motor vehicle accident, but another party also contributed to the accident, then liability for the accident can be apportioned such that you would receive a proportion or reduction in the damages awarded to you having regard to the extent to which you contributed to the accident.

Commonwealth Compensation

Johnston Withers has for many years rendered advice in the area of Commonwealth Compensation. With a trend towards national compensation, Johnston Withers is keeping abreast with these changes and is in a position to advise you.

We would be happy to advise you regarding any particular claim you may have.