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Can I get Fired for making a Workers’ Compensation Claim?

While some hesitate when making a claim, if injured in the workplace the key point is, you are legally entitled to compensation.

Worried how this will play out? We’re here for you. At Soul Legal, our experienced Perth compensation lawyers make sure your rights are protected. Most importantly, we want you to access the maximum possible compensation.

Who can apply for Workers’ Compensation?

By law, according to the West Australian government a worker who suffers a work-related injury or disease requiring medical treatment or time off work is entitled to claim workers’ compensation.

These injuries can be physical, or psychological. This includes full-time, part-time, casual, seasonal, piece and commission workers, and compensation applies regardless of who was at fault.

For working directors, contractors, and subcontractors, the working arrangements in place will impact whether a workers’ compensation claim can be lodged. We can verify whether or not you qualify.

Workers’ Compensation, and Termination

While you can technically be terminated during your recovery period, you cannot legally be fired for the act of making a workers’ compensation claim. Soul Legal compensation lawyers can help you navigate the legalities of the situation.

WorkCover WA states while your employer is expected to keep your job open for 12 months (from the day you’re entitled to weekly compensation payments) or provide alternate employment, they can terminate you.

The requirements are generally 28 days’ notice, completion of a “notice of intention to dismiss”, providing you with a copy, and advising WorkCover WA. But they’re still required to keep the original position open or provide an alternate position if reasonable.

This is based on the Workers Compensation and Injury Management Act 1981. As leading workers’ compensation lawyers in Perth, we have the knowledge and experience to help you understand how this pertains to your status.

Laid Off while on Compensation

If you do lose your employment, the best thing you can do is speak to a compensation lawyer. You have protected rights, and it’s important to verify an employer hasn’t acted unlawfully.

For those dismissed, your workers’ compensation entitlements can continue. If an issue arises with your employer, seek legal counsel immediately. At Soul Legal, we understand workers compensation in WA—and the common pitfalls.

Don’t be pressured into signing anything, or co-operating with any processes or interviews. Our team will advise you on specific legal obligations, points you can refuse, and negotiable terms.

Explore Legal Options with an Experienced Lawyer

Do you understand your entitlements during recovery and rehabilitation, and how this interacts with a potential final settlement? It’s imperative you don’t short change yourself during this process.

Considering a common law claim? These can apply if you sustained minimum 15% whole of person impairment, and are able to prove your injury was caused by employer negligence. (Be aware entitlements, settlement, and common law claims may impact each other.)

Payments unexpectedly end? Embroiled in an argument with the insurer? Don’t struggle with the ins and outs while injured. Let us do the heavy lifting. We excel in this area of law, and offer invaluable assistance.

The process needn’t wear you down. Reach out to the Soul Legal team today. We’ll get you through the workers’ compensation claim process, and any subsequent developments, as quickly and easily as possible.

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