Frequently Asked Questions About Best Workers Compensation Attorneys In Perth
Yes. In Western Australia, you can make a workers compensation claim for stress, anxiety, depression, or other mental illness significantly contributed to by particular work-related actions, events, or exposures. You need a recognised psychiatric injury diagnosed by a GP, psychologist, or psychiatrist. If you have been certified unfit for work due to work-related mental health issues, you may be eligible to claim. Safe Work Australia identifies several causes including work pressure, workplace bullying, exposure to violence, traumatic events, and harassment. However, certain exclusions apply where stress arises wholly or predominantly from particular industrial actions that are not harsh and unreasonable.
Preferably within 12 months from the date of accident. If a workers compensation claim is lodged more than one year after the accident date, the insurer may legitimately deny the claim if they can prove material prejudice. Critical termination date time limits also apply. Workers must take steps to preserve common law rights by obtaining a whole person impairment assessment and filing an election before the 12-month termination date expires. This period typically commences from when the claim for weekly payments was lodged. There is also usually a three-year statute of limitation period for common law claims involving third parties, calculated from the accident date. We strongly recommend seeing a lawyer well before these deadlines expire, as failure to act may result in loss of your legal rights and entitlements.
Accepted workers compensation claims may entitle you to several types of compensation. Weekly compensation payments replace lost wages and continue on your usual pay days. Unless you are under an award, wages are usually reduced to 85 percent of your usual wages after the 13th week post injury, subject to a cap. The maximum weekly payment amount is referred to as the prescribed amount. Permanent impairment compensation is assessed under guides published by WorkCover WA once you reach maximum medical improvement. Treatment expenses cover reasonable medical and rehabilitation costs including ambulance, medication, surgery, physiotherapy, chiropractic services, specialist treatment, medical aids, and equipment. Travel and lodging expenses are also claimable when attending medical appointments or travelling long distances for treatment. You are entitled to attend medical providers of your choice, though caps apply under legislation for treatment and rehabilitation funding.
No. The legislation provides a broad definition of injury that includes easily identifiable work accidents, illnesses that developed over time, and aggravation or exacerbation of pre-existing medical conditions. This means you do not necessarily have to prove a specific accident occurred. It is not uncommon to have claims arising from symptoms that developed gradually over a period of employment from repeated exposure or activity. For example, repeated daily lifting of heavy machinery or equipment can form the basis of a legitimate claim even without a single identifiable incident. The key is establishing that your injury or illness is work-related and significantly contributed to by your employment duties.
First, seek medical attention and report all injuries to your doctor as soon as practicable. Ensure every injury is documented during your medical consultation. Visit a medical practitioner of your choosing to obtain a first certificate of capacity. Next, notify your employer that you have suffered a work-related injury or illness. Complete the Workers Compensation Claim Form, make copies of your completed forms, and provide the originals to your employer. Your employer then has five days to lodge your application with their insurer, who has 14 days to process your claim and confirm whether it has been accepted, disputed, or pended. Seek legal advice promptly, as delay in medical reporting or failure to submit a claim within a reasonable time can prejudice your claim. A common mistake is thinking you can manage injuries yourself hoping for recovery without medical intervention, which can severely harm your case later.