In Western Australia, you generally have three years from the date of your injury to start a court action for personal injury, under section 14 of the Limitation Act 2005 (WA). Workers compensation claims have their own earlier steps, and motor vehicle claims need written notice to the insurer as soon as possible. Miss the deadline and you can lose the right to claim, however strong your case is.
Most injured people in Baldivis fall into one of two claims, and they work differently.
If you were hurt at work, or while travelling for work, you can claim income compensation while you cannot work, medical and health expenses, rehabilitation expenses, and permanent impairment compensation. This is a statutory scheme, so it starts with a claim lodged through your employer, not a court.
If someone else caused your crash, a Compulsory Third Party claim through the at-fault driver’s insurer can cover general damages for pain and suffering, loss of earning capacity, treatment costs, and the cost of home help and assistance caused by your injuries. More on car accident claims.
There is also a third question that changes a serious claim: whether your injury is permanent enough to pursue common law damages on top of statutory benefits. That has its own rule in WA, covered below.
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Most people who call us aren’t sure which claim they even have. These four questions sort it out in a couple of minutes. Work through them in order, because the first “yes” usually points to your starting path.
Some people have more than one path. Some have none worth pursuing. Running the Claim Path Check with a lawyer at a free assessment tells you which applies to your facts, before you commit to anything.
If you’ve been injured because of a faulty product or due to a hazard in a public place, you may be entitled to make a claim. Many people slip or trip due to hazards in public places every year.
If you suffer an injury at work or whilst travelling between work locations, you may be eligible to make a workers compensation claim.
Injured in a car accident, truck accident, cycling accident, motorbike accident or quad bike accident, whether the incident was your fault or not, you may have a claim for compensation.
You pay no professional fees unless your claim succeeds. If it does, most of those fees are usually recovered from the defendant, and any gap that cannot be recovered is taken from your settlement at the end. Western Australian lawyers cannot take a percentage of your compensation as their fee.
If you have read overseas guidance quoting a “33% contingency fee”, that model does not apply here. WA lawyers charge for the work they do at the cost scale set by the government. If a firm adds a success fee for taking the risk, WA rules cap that at one quarter of the legal fees, not a slice of your payout.
While your claim runs, you may need to pay third parties such as doctors for medical reports and trial attendances. These are called disbursements. Because Soul Legal is on the Legal Aid Panel, disbursements are usually paid by Legal Aid where a client cannot afford them in a meritorious claim.
You will see exactly what you would pay, and what the defendant is likely to cover, in the costs agreement we go through with you at your first consultation.
Not every injury needs a lawyer. If your injury is minor, liability is clear, you have recovered quickly, and the insurer has made a fair offer, the time and effort of a represented claim can outweigh what you would gain. A free consultation helps you work that out before you commit.
You probably can handle it yourself when the injury is minor and has healed, fault is not in dispute, there is no lost income to speak of, and the offer on the table already reflects your costs. In that situation, dealing directly or through a minor claim can leave more in your pocket.
Representation tends to earn its place when liability is disputed, your injury is serious or lasting, your claim has been denied, you are being pushed to settle early, or your income and future capacity are affected. These are the cases where the difference in outcome usually more than covers the cost.
One more thing people ask: you can generally change lawyers during a claim if you are not happy, though you may owe reasonable fees for work already done. Take care if your deadline is close, because a transfer takes time.
See a doctor and make sure every injury is recorded, even the minor ones. Then lodge the right notice: a workers compensation claim with your employer for a work injury, or an online crash report and notice of intention to claim with ICWA for a motor vehicle accident. Then get legal advice before you sign anything.
The most common mistake we see is people trying to manage an injury themselves, hoping it will settle down without treatment. A gap in your medical records, or a late claim, gives an insurer room to argue your injury isn’t as serious as you say, or isn’t linked to the accident at all.
What not to do:
According to WorkCover WA, timely reporting and proper documentation are central to a workers compensation claim. For work injuries there is now a deadline on your employer too, which is worth knowing.
Every claim has strict time limits under Western Australian law. Delaying action can impact your eligibility, limit available evidence, and increase financial or health challenges. It’s often better to seek advice early, even if you’re unsure whether you have a claim. Getting informed is the first step to making the right decision for your situation.
On 1 July 2024, WA replaced its 1981 workers compensation Act with the Workers Compensation and Injury Management Act 2023. It was a full rewrite of the scheme. If you were injured at work, four changes matter to you.
Details of the new scheme are published by WorkCover WA and on the WA legislation website. If you were injured before 1 July 2024, transitional rules can apply, which is one reason to get advice on your specific dates.
Most claims settle by negotiation, not in court. The honest answer on timing is that it depends on when your injuries stabilise, because a fair figure cannot be assessed until your doctors can describe your recovery and your future needs.
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Soul Legal runs a branch at 17 Baskerville Crescent, Baldivis, so you can deal with a lawyer locally rather than only in the city. Where you cannot travel because of your injuries, we can visit you at home or in hospital.
Baldivis has a large share of trades workers and fly-in fly-out workers, and that shapes the claims we see locally: lifting and crush injuries, falls on site, and vehicle incidents in the course of work. For those, workers compensation is usually the starting point, and the new seven-day lodgement rule works in your favour.
For a road crash on Safety Bay Road, the Kwinana Freeway, or around the Baldivis Shopping Centre, get your injuries recorded at a medical consultation, then complete the online crash report and notice of intention to claim with ICWA. Rockingham General Hospital is the nearest hospital for that first record of your injuries.
Soul Legal is Perth’s Leading Personal Injury Compensation Law Firm
On a no win, no fee basis you pay no professional fees unless your claim succeeds. If it does, most of those fees are usually recovered from the defendant, and any gap comes from your settlement. WA lawyers cannot charge a percentage of your compensation the way overseas contingency-fee firms do, and any success fee is capped at one quarter of the legal fees, not your payout.
You generally have three years from the date of injury to start a court action, under section 14 of the Limitation Act 2005 (WA). Workers compensation and motor vehicle claims have earlier notification steps, so the practical deadline is often sooner. Minors and people with limited capacity may have longer.
It depends on when your injuries stabilise, because a fair figure cannot be assessed until your doctors can describe your recovery and future needs. Straightforward matters can resolve in months, while serious injuries can take a year or more. Most claims settle by negotiation rather than in court.
Possibly. Through the workers compensation scheme, your permanent whole-person impairment generally needs to be assessed at 15% or more, and you must register an election before starting a court action for damages. Statutory benefits such as income compensation and medical expenses are available separately, regardless of that threshold.
Not automatically. If an accident has aggravated or accelerated a pre-existing condition, that aggravation can still be claimable. Being upfront about your medical history helps, because hiding a prior condition usually damages a claim more than the condition itself does.
Generally yes. You can usually move to another lawyer if you are not happy, though you may owe reasonable fees for work already done. Take care if your limitation deadline is close, because a transfer takes time to organise.
Yes. Clients work directly with a qualified lawyer who handles their case. Where a client cannot travel because of their injuries, Soul Legal can visit at home or in hospital.
If you’ve been injured and are unsure about your next steps, Soul Legal provides clear and honest legal guidance. We take the time to understand your situation, explain your legal options, and help you make informed decisions in a respectful and supportive environment.
We offer a No Win, No Fee* legal service for eligible personal injury matters. You’ll always understand your position before deciding how to proceed.
*At Soul Legal we only charge fees in personal injury claims if you are successful settling your claim or have a successful judgment (excluding disbursements). A Defendant may be able to claim costs against you if successful in defending an action brought by you
