
Medical Negligence Or A Poor Outcome In WA: How To Tell The Difference
Written By: Rebecca Sorgiovanni Reviewed By: Kevin Wong, Director and Personal Injury Lawyer Last Reviewed: 7 September 2026 A bad result is not the same
You already know the basics: no win no fee, a free first chat, car accidents through ICWA, workers comp through WorkCover, public liability. All true, and all still apply. What none of that tells you is why the claim you settle in 2026 can look very different from the one your neighbour settled in 2023.
Three changes since mid-2024 have moved real money and real deadlines. A December 2025 tax ruling made part of many workers compensation settlements taxable. A new set of impairment rules starting 1 July 2026 changed when and how your permanent injury gets rated. And a 2024 Court of Appeal decision briefly put hundreds of common law claims at risk before Parliament stepped in. Each one changes what your claim is worth and when you have to act.
| When | Change | Why it matters to your claim |
|---|---|---|
| 1 Jul 2024 | Workers Compensation and Injury Management Act 2023 starts | New claims process and provisional payments; the common law step is structured differently |
| 5 Sep 2024 | Neville v Choice One [2024] WASCA 104 | Hundreds of common law elections put at risk over a paperwork timing point |
| 15 Oct 2024 | Common Law Election Validation Bill introduced | Validated the affected elections and added a 12-month limitation extension |
| Dec 2025 | ATO Class Ruling CR 2025/88 | The income-replacement part of a settlement is taxable in the year you receive it |
| Early 2026 | Insurer settlement slowdown | Many insurers paused settlements while they worked out tax withholding |
| 1 Jul 2026 | Permanent Impairment Guidelines, 2nd edition | A special assessment is available at 18 months, with no credit for future surgery |
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Have you been injured by a defective product or because of unsafe conditions in a public place? You may be entitled to claim compensation. Slip and fall accidents and other public liability incidents can lead to serious injuries, medical expenses and loss of income.
If you have been injured at work or while travelling between work sites, you may be eligible to make a workers’ compensation claim. Compensation may be available to help cover medical expenses, lost income and other costs associated with your injury.
Have you been injured in a car, truck, bicycle, motorcycle or quad bike accident? Depending on the circumstances, you may be entitled to make a compensation claim, even if you were partly at fault for the accident.
In December 2025 the Australian Taxation Office issued Class Ruling CR 2025/88. It confirmed that when a workers compensation claim under the 2023 Act settles, the slice representing income compensation, the money that stands in for lost wages, is ordinary taxable income in the year you receive it. Medical expenses and permanent impairment components are treated differently.
That sounds technical until you run the numbers. Redeem several years of weekly payments into one lump sum and the whole income-replacement portion can land in a single tax year, pushing you into a higher bracket and shrinking what you keep. Through early 2026 many insurers slowed or paused settlements while they sorted out how to withhold, which left injured workers waiting. We plan the structure and timing of a settlement around this ruling so the tax result does not ambush you at the end. If you are close to settling, ask about it before you sign, not after.
WorkCover WA’s second edition Guidelines for the Evaluation of Permanent Impairment took effect on 1 July 2026, and two changes matter for a Peel worker. First, under clause 1.65 a special assessment of your permanent impairment can now be done once 18 months have passed since the injury, even if your condition has not fully stabilised. That can move a serious claim forward months earlier than the old rule allowed.
Second, the assessor has to rate you as you present on the day of the assessment. They are not allowed to factor in surgery you might have later, or recovery they expect, or a decline they fear. The timing of your assessment now changes the number. Book it in the wrong window and you can be measured at your best or your worst by accident. This is where having someone who reads the guidelines earns its keep.
On 5 September 2024 the Court of Appeal decided Neville v Choice One [2024] WASCA 104. The court found that a common law election was invalid because the Director had not formally recorded the worker’s impairment assessment before the election was lodged, a gap of a single day in that case. Because WorkCover’s e-lodgement system produced the same sequence for many workers, hundreds of District Court actions were suddenly exposed.
Parliament moved fast. The Common Law Election Validation Bill was introduced on 15 October 2024, retrospectively validated the affected elections and added a 12-month extension to the relevant limitation periods. The crisis passed, but it is a plain reminder that a procedural slip can put a genuine claim at risk, and that the person running your file needs to know these traps exist.


A large share of Peel earns its living in construction, transport, marine and mining services, and plenty of Mandurah households run on fly-in fly-out work. WA’s workers compensation scheme is no-fault: you claim income compensation, medical and rehabilitation costs and permanent impairment compensation without proving your employer did anything wrong. Where a serious injury is caused by employer negligence, a common law claim can sit alongside it for pain and suffering and future loss.

Every motor injury claim in WA runs through the Insurance Commission of Western Australia, not directly against the other driver. CTP cover is compulsory and paid through your registration. Drivers, passengers, motorcyclists, cyclists and pedestrians can all claim, and you may still have a claim in a hit-and-run where the other driver is never found. After a crash, lodge an online crash report and ask ICWA for a Notice of Intention to Make a Claim. See our car accident claims page for the full process.

Public liability covers injuries caused by someone else’s carelessness in a public or private place: a slip at the Mandurah Forum or a local shopping strip, a fall on a poorly kept footpath, or an accident on the water. Mandurah is built around the estuary and the Peel Inlet, and boating, jet ski and other water-recreation injuries are their own category with their own operators and insurers. Claims run under the Civil Liability Act 2002 (WA). Our public liability page covers what you need to prove.

When a treating doctor, hospital or specialist falls below the accepted standard and you are harmed as a result, you may have a medical negligence claim. These cover surgical errors, misdiagnosis, delayed treatment and medication mistakes. Peel Health Campus carries the region’s emergency load, and the new $950.6 million Mandurah hospital beside it is years from finished. Pressure on a health service is not itself negligence, but it is the backdrop many Peel medical claims start from. See our medical negligence page.

If you were hurt as the victim of a crime, the Criminal Injuries Compensation scheme can provide compensation even where no one is convicted. Where a family loses a breadwinner, a dependency claim under the Fatal Accidents Act may also follow. Kevin Wong was the instructing solicitor in De Sales v Ingrilli [2002] HCA 52, the High Court case that removed the old discount for a widow’s chance of remarriage in dependency claims, providing close-quarters experience in this area.
*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
Deadlines are strict, and missing one can bar an otherwise good claim. For a car accident, lodge the online crash report and the Notice of Intention to Make a Claim with ICWA within six months of the crash. A late notice is not automatically fatal, because ICWA has to show it was prejudiced to defeat your claim, but every month you wait makes that harder to argue.
For most other personal injury claims the Limitation Act 2005 (WA) gives you three years from when you first knew of the injury to start court proceedings. For a child under 15 the period runs to six years, and a young person injured between 15 and 17 generally has until they turn 21. Workers compensation runs on its own timeframes under the 2023 Act, and the Validation Act’s 12-month extension only applies to the specific elections it was written for. If you are unsure which clock is running, the safe move is to call early rather than guess.
We built the process around not making you travel while you are injured. Most of it can be done from home, by phone and by a secure upload link, with a lawyer coming to you when it helps.
Stage 1, free assessment. A no-cost, confidential review of your situation. Before we meet you get an upload link so we can read your documents in advance. If we cannot help, you are not charged, and we will say so plainly.
Stage 2, building the case. We gather the medical records, specialist reports, witness statements and accident or workplace documents that prove what happened and what it cost you. Get every injury recorded early, even the ones that seem minor, because injuries that surface later are easy for an insurer to dispute.
Stage 3, lodging the claim. We file with ICWA, WorkCover or the relevant court, and manage the deadlines and forms so nothing lapses. This is where the 2024 election timing lesson gets applied in practice.
Stage 4, negotiation. Kevin and Rebecca negotiate directly with insurers, and they do not take a low offer to save time. Most claims resolve at a settlement conference without a hearing. Serious claims often wait until your injuries stabilise, or until the right assessment window under the new guidelines, which can take a year or more, and rushing that usually costs you.
Stage 5, resolution and payment. We push for a fair outcome, structured with the tax position in mind. If an insurer will not move, we are prepared to run it. Kevin Wong has litigated to the Supreme Court and the High Court of Australia, and was among the first to file when the Federal Court’s Insurance List opened in 2016.
Two reasons, and they are related. Your file is run by a director, not passed to a graduate, and the firm does one thing.
Kevin Wong has practised personal injury law since 1991 and has appeared from WorkCover hearings up to the High Court. Rebecca Sorgiovanni has practised since 1997, is an accredited mediator, and was the recommended lawyer for the Local Government Racing Cemeteries Employees Union. Between them they have handled everything from minor injury to multi-million dollar catastrophic claims. When your claim turns on a tax ruling or an impairment guideline, that experience is why the advice you get fits your situation instead of a script.
The commercial terms are simple. No Win No Fee means you pay no legal fees unless your claim succeeds. On a win, we pursue party-and-party costs from the insurer, which covers the bulk of the legal costs. The first consultation is free and confidential, and the firm is on the Legal Aid panel. After-hours calls go to 0411 896 133, and we make home and hospital visits across Mandurah and the wider Peel region for clients who cannot travel.
You should hear this up front. Not every injury turns into a claim worth your time. If your car accident injury is minor and heals cleanly, it may not clear the $26,500 non-pecuniary threshold, and the honest advice is to say so at the first meeting rather than run up a file. If you were fully at fault in a single-vehicle crash with no other party, your options narrow.
There is also timing. If you are on weekly workers compensation payments, redeeming them into a lump sum right now without tax advice can cost you more than waiting, thanks to CR 2025/88. Sometimes the right call is to hold, get the assessment window right, and settle later for more. We would rather tell you that at the start than watch you take a quick number you regret.
Related: Learn more about personal injury claims and car accident injury claims in Perth, our no win, no fee guarantee, or contact our Perth team. You can also read about your rights via the Insurance Commission of WA.
Our Baldivis office at 17 Baskerville Cres is about 20 minutes north of Mandurah, roughly 28 kilometres up the Kwinana Freeway, which makes it the closest injury-law office to most of Peel. We act for clients across Mandurah, Halls Head, Dawesville, Falcon, Wannanup, Erskine, Greenfields, Coodanup, Meadow Springs, Lakelands, Madora Bay, San Remo, Silver Sands and out to Pinjarra, as well as neighbouring Rockingham, Baldivis, Singleton and Golden Bay.
Smaller civil disputes can be heard at the Mandurah Magistrates Court at 333 Pinjarra Road, while most personal injury matters run in the District Court of Western Australia in Perth, with the Supreme Court and appellate courts above it. You will not need to worry about which court or which scheme; that is our job. If you would rather we came to you, in Mandurah or anywhere in Peel, we do that. Our nearby Rockingham personal injury and Baldivis compensation pages cover those areas.
Soul Legal is Leading Personal Injury Compensation Law Firm





No. Soul Legal works with Mandurah and Peel clients from its Baldivis office about 20 minutes north, and most of a claim runs by phone, email and a secure document upload. Where your injury makes travel hard, a lawyer will visit you at home or in hospital anywhere in the Peel region. Court appearances are rare, and most claims settle without a hearing.
Part of it can be. ATO Class Ruling CR 2025/88, issued in December 2025, treats the income-compensation portion of a settlement under the 2023 Act as taxable income in the year you receive it, while medical and permanent impairment components are treated separately. Redeeming several years of weekly payments into one lump sum can create a large tax bill in a single year. Get advice on the structure and timing before you sign anything.
Soul Legal works on No Win No Fee, so you pay no legal fees unless your claim succeeds. The first consultation is free and confidential, and if the firm cannot help, you are not charged. On a successful claim the firm pursues party-and-party costs from the insurer, which covers most of the legal costs. There are no upfront payments.
For a car accident, lodge the crash report and Notice of Intention to Make a Claim with ICWA within six months. For most other injury claims the Limitation Act 2005 (WA) allows three years from when you knew of the injury, with longer periods for children. Workers compensation has its own timeframes under the 2023 Act. Because a missed deadline can end a claim, call as early as you can.
Under WorkCover WA’s second edition impairment guidelines, effective 1 July 2026, a special assessment of permanent impairment can be done once 18 months have passed since your injury, even if your condition has not fully stabilised. The assessor rates you as you present on the day and cannot factor in future surgery or expected recovery. The timing of the assessment affects the result, so it pays to get the window right.
Usually yes. WA law reduces a payout by your share of fault rather than removing the claim, a principle called contributory negligence. For motor vehicle claims through ICWA, being partly at fault does not automatically disqualify you. Where you were entirely at fault in a single-vehicle crash with no other party, your options are narrower, and we will tell you honestly at the first meeting.
The common ones we see across Peel are motor vehicle injuries on the Forrest Highway, Mandurah Road, Old Coast Road and the Kwinana Freeway; workplace injuries in construction, transport, marine and mining services, including fly-in fly-out workers; boating and water-recreation injuries around the estuary and Peel Inlet; and slips and falls in shopping and public areas. Regional roads carry a disproportionate share of the state’s most serious crashes.
Most claims settle through negotiation or at a settlement conference without a full hearing. Kevin Wong and Rebecca Sorgiovanni negotiate hard and do not accept inadequate offers. If an insurer refuses a fair settlement, Soul Legal is prepared to litigate, and Kevin has run matters to the Supreme Court and the High Court of Australia.
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Written By: Rebecca Sorgiovanni Reviewed By: Kevin Wong, Director and Personal Injury Lawyer Last Reviewed: 7 September 2026 A bad result is not the same

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