No, you cannot legally be fired for making a workers’ compensation claim in Western Australia. While employers can technically terminate your employment during recovery under specific conditions, terminating you specifically because you filed a claim is illegal.
Key Takeaways:
- Job protection: Your position is protected for 12 months from the day you’re entitled to weekly compensation payments
- Employer obligations: Your employer must keep your job open or provide suitable alternative employment during this period
- Legal termination requirements: If dismissed, employers must provide 28 days’ notice, complete a “notice of intention to dismiss” form, and notify WorkCover WA
- Continued benefits: Workers’ compensation entitlements continue even if you’re dismissed during recovery
- Protection under law: The Workers’ Compensation and Injury Management Act 1981 protects workers from retaliatory termination
- When to get help: Contact a workers’ compensation lawyer immediately if you believe your termination was related to your claim
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.
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.
