Frequently Asked Questions About Best Lawyers For Workers Compensation In Perth
Yes, in Western Australia, a workers compensation claim can be made if you suffer from stress, anxiety, depression, or other mental illness that is significantly contributed to by particular work-related actions, events, or exposures. There are, however, certain exclusions where the stress injury arises wholly or predominantly from certain industrial actions taken by the employer where these actions are not harsh and unreasonable. You need to satisfy the criteria of having a recognised psychiatric injury. If you have attended a GP, psychologist, or psychiatrist regarding work-related stress or mental health issues and have been certified unfit for work, you may be able to make a claim.
Preferably within 12 months from the date of accident. If a workers compensation claim is lodged with the employer more than one year from the date of accident, the insurer may legitimately deny the claim if they can prove material prejudice. There are also critical termination date time limits. Workers must take steps to preserve their common law rights by obtaining a whole person impairment assessment from a WorkCover Approved Medical Specialist and file an election before the expiration of a 12-month termination date. We strongly recommend that you see Soul Legal well before the expiration of the termination date, as failure to do so may result in the loss of your common law rights and entitlements.
If your workers compensation claim is accepted by the insurer, you may be entitled to compensation for loss of wages, permanent impairment, and treatment expenses. Loss of wages includes weekly compensation payments on your usual pay days if you are unfit for work. Permanent impairment is assessed under Guides published by WorkCover WA when you have reached maximum medical improvement. Treatment expenses include reasonable medical and rehabilitation expenses such as first aid, ambulance costs, medication, surgical treatment, nursing services, medical imaging, physiotherapy, chiropractic services, and other necessary treatments.
No, workers compensation in Western Australia operates as a no-fault system. This means you do not necessarily have to prove a specific accident or employer negligence to make a claim. The legislation provides a broad definition of the term injury and includes easily identifiable work accidents, illnesses that developed over time, or an aggravation or exacerbation of a pre-existing medical condition. However, if you wish to pursue a common law claim for additional damages, you will need to prove that your employer was negligent and that you have suffered at least 15% whole person impairment.
A workers compensation claim is usually made by seeking medical attention and notifying your employer that you have suffered a work-related injury or illness. You need to visit a medical practitioner of your choosing to obtain a First Certificate of Capacity. Then complete the Workers Compensation Claim Form, copy your completed forms, and give your employer the originals. Your employer then has five days to lodge your workers compensation claim application with their insurer. The insurer has 14 days to process your claim and confirm whether it has been accepted, disputed, or pended. Personal injury law claims in WA are predominately settled by negotiation, and given that this is a specialist and highly technical area of the law, you place yourself at a disadvantage if you do not have legal representation.