If you’ve been injured at work in Western Australia, you may be entitled to workers compensation under a “no-fault” system, meaning you don’t need to prove your employer was negligent or at fault to make a claim. WorkCover WA administers the state’s workers compensation and injury management scheme, with total payments in the first quarter of 2020/21 reaching $294.4 million. Both physical and psychological workplace injuries are covered under the Workers Compensation and Injury Management Act 1981.
Workers compensation in Western Australia covers full-time, part-time, and casual employees, though certain employment arrangements like contract work may require clarification of your eligibility. The compensation can include medical expenses, income replacement for lost wages, rehabilitation costs, and in some cases, lump sum payments for permanent impairment. If your injury resulted from employer negligence, you may also have grounds for a separate common law claim beyond standard workers compensation.
Taking immediate action after a workplace injury is critical to protecting your claim. You should report the injury to your employer as soon as possible and seek medical attention from a hospital or general practitioner. Your doctor will need to complete a First Certificate of Capacity form, which is essential documentation for your claim. Delaying medical treatment or failing to report the injury promptly may lead to disputes about whether the injury occurred at work or affect the validity of your claim.
Throughout the claims process, it’s important to keep detailed records of all injury-related expenses, including medical receipts, specialist appointments, parking costs, and travel expenses. You should also track all time missed from work to accurately calculate lost income. If your claim is disputed by the insurer or employer, you have the right to request a reassessment and, if necessary, lodge an application with the Workers’ Compensation Conciliation Service for independent review.
The basis of workers compensation
WorkCover WA explains Western Australian workers’ compensation and injury management scheme is based on a “no-fault” principle, meaning you’re not required to establish your employer was at fault or negligent.
The Workcover WA Claims Experience Status Report September 2020 states total payments in 2020/21 Q1 were $294.4 million, $12.3 million (5.2%) higher than 2019/20 Q4.
Soul Legal can advise whether you have access to workers compensation in WA.
You don’t need to be full-time, but certain scenarios such as contract work may require clarification.
What to do first
Report the injury to your employer immediately, and seek medical care from a hospital or your GP. You’ll need to ask for a First Certificate of Capacity form, an important step.
Not seeking help straight away risks complicating your claim. An employer may dispute it as a workplace injury. Speak to our team about verifying the validity of your injury.
Track your expenses
It’s important to keep medical receipts, but did you pay for parking while visiting a specialist? Also, track missed work to get a concise read on the income that was lost during this period.
Hire a lawyer to assist
A lawyer helping with your claim reduces stress, possible mistakes, and ensures you provide the necessary information to access compensation you are entitled to, under the provisions of the Workers Compensation & Injury Management Act.
Meeting your requirements
WorkCover WA outlines that while an insurer or employer may request you see the medical practitioner of their choice, and not attending may impact your compensation, be aware there are limits.
You cannot be required to attend medical reviews:
- Within 1 month from the date of a First Certificate of Capacity which states a further appointment has been made within 14 days.
- More frequently than once every two weeks.
- At any time other than during reasonable hours.
- With more than three medical practitioners who are specialists in the same field of medicine.
Our lawyers can answer your questions relating to requirements. Be aware your employer is not entitled to require you to use their choice of doctor or attend your doctors appointments with you.
Dealing with a disputed claim
Don’t worry, our lawyers have experience helping those who want a reassessment from the insurer. If a resolution can’t be reached we’ll help with the next step: lodging an application with the Workers’ Compensation Conciliation Service.
Disputing a determination
Our expertise as Perth workers compensation lawyers includes dealing with difficult claim situations. Comcare is the national work health and safety, and workers’ compensation authority.
The Soul Legal team has experience with Comcare and the AAT who can undertake an independent merits review of a reviewable decision made under the Safety, Rehabilitation and Compensation Act 1988.
Common law claim
If you were injured due to employer negligence, you may want to pursue a common law claim. We provide advice about whether a court would find your employer has been negligent, and protect your claim from the limitation period.
Get in touch
As trusted Perth work injury lawyers, the Soul Legal team has over 75 years’ combined experience. We listen, care, and work hard to get you the compensation you deserve.
Kevin Wong is the Director of Soul Legal and a seasoned Perth-based personal injury lawyer who has been passionately representing injured clients across Western Australia since 1991, handling everything from minor claims to complex catastrophic injury cases.
