FAQ
Most frequent questions and answers
Under the Western Australian workers compensation system, if you’re receiving weekly payments and those payments cease, you have only one year from the date they cease to commence common law proceedings for damages. This is known as the one year termination date. If you don’t start court proceedings within this one year period, you permanently lose your right to claim common law damages for pain and suffering and loss of earning capacity. This is one of the most critical deadlines in workers compensation law. As local workers compensation lawyers in Perth, we carefully manage this limitation period for all our clients to ensure valuable rights are not lost.
If your employer or their insurer disputes your workers compensation claim, they must provide reasons for the dispute. Common grounds for dispute include whether the injury occurred at work, whether your current condition is related to your employment, whether you have a pre existing condition that is the real cause, or whether you’re fit to return to work. When a claim is disputed, we can assist with gathering additional evidence, obtaining specialist medical opinions, preparing detailed submissions, and if necessary, pursuing your claim through conciliation or legal proceedings. Many disputed claims are resolved through negotiation once proper evidence is presented.
Yes, you generally have the right to choose your own treating doctor for workers compensation purposes in Western Australia. However, the insurer may require you to attend independent medical examinations with doctors they select to assess your injuries and fitness for work. These independent examinations are separate from your treatment and are used by the insurer to evaluate your claim. You should continue seeing your regular treating doctor for ongoing care and ensure all your symptoms and treatment needs are properly documented. Your treating doctor’s reports will be crucial evidence in your workers compensation claim.
WorkCover refers to the state based workers compensation scheme in Western Australia, which covers most employees under the Workers’ Compensation and Injury Management Act. Comcare is the federal workers compensation scheme covering Commonwealth government employees and some private sector employers who have chosen to join the scheme. The two systems operate under different legislation, have different claim procedures, different benefit structures, and different appeal processes. Comcare claims involve the Administrative Appeals Tribunal for disputes, while WorkCover claims may involve WorkCover WA conciliation and potentially District Court proceedings for common law damages. Our team has expertise in both systems.
To make a workers compensation claim in Perth, start by reporting all your injuries to your doctor at a medical consultation as soon as possible after the incident or after you realise your condition is work related. Obtain a medical certificate and ensure your doctor documents the connection between your condition and your employment. Complete a workers compensation claim form and submit it to your employer, who will forward it to their insurer. The next important step is seeking legal advice from specialist workers compensation solicitors. At Soul Legal, we can review your claim, ensure all required documentation is complete, communicate with the insurer on your behalf, and pursue all entitlements available to you.






