
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
At Soul Legal your file sits with Kevin Wong or Rebecca Sorgiovanni, the two directors, through the stages that decide what you are paid.
Kevin Wong graduated from UWA Law School in 1991 and has practised personal injury law every year since. He has run claims from minor whiplash through to multi-million dollar catastrophic disability awards, and he has appeared at WorkCover WA, the District Court, the Administrative Appeals Tribunal, the Supreme Court of Western Australia, the Federal Court and the High Court of Australia. He was the instructing solicitor in De Sales v Ingrilli [2002] HCA 52, the case that ended the old practice of discounting a widow’s dependency claim for the chance she might remarry. He also acted in Westrupp v BIS Industries Limited [2015] FCAFC 173, which confirmed workers compensation cover for fly-in fly-out workers. That kind of appellate record is rare in a Perth injury firm and you will not find it in a general practice on Walter Road.
Rebecca Sorgiovanni has practised since 1997. She founded her own firm, Sorgiovanni Legal, in 2007 to act for injured local government workers, and she co-founded Soul Legal with Kevin in 2018. She is an accredited dispute resolution practitioner and a registered mediator, and she established new law in Re Her Honour Judge Schoombee; Ex Parte Attorney General for Western Australia [2011] WASCA 129. Rebecca’s focus is workers compensation, and her settlements have a habit of landing above what her clients thought the claim was worth.
Between them they hold more than 75 years of compensation experience. When you call about a Morley injury, one of them reads your file.
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Were you injured by a faulty product or an unsafe hazard in a public place? You may have grounds to seek compensation. Public liability claims can cover injuries caused by slips, falls and other dangerous conditions in public or commercial spaces.
Suffered an injury at work or while travelling between work locations? You may be able to lodge a workers’ compensation claim. Depending on your circumstances, compensation may assist with medical costs, lost wages and other injury-related expenses.
If you have been injured in a car, truck, motorcycle, bicycle or quad bike accident, you may be eligible to claim compensation. Your right to make a claim will depend on the circumstances, including how the accident occurred and who was at fault.
If your last legal advice was more than a year old, it may miss what changed. Three changes over the past year affect what a Morley claim is worth and when you should sign a settlement, with the source for each.
A workers compensation lump sum is now partly taxable. In December 2025 the Australian Taxation Office issued Class Ruling CR 2025/88. It confirms that the loss-of-earnings or income component of a WA workers compensation settlement is assessable as ordinary income, so you declare it and pay tax on it in the year you receive it. The medical, rehabilitation and permanent impairment components are not taxed. This matters most to lower-income workers who convert years of weekly payments into one lump sum, because the whole income portion can land in a single tax year and push you into a higher bracket. We now model the after-tax figure before you accept an offer, not after. Most injured workers only find out about the tax when the bill arrives.
Permanent impairment rules change on 1 July 2026. WorkCover WA published the second edition of its Guidelines for the Evaluation of Permanent Impairment on 30 April 2026, effective 1 July 2026. Two changes carry real weight. You can now request a special impairment assessment once at least 18 months have passed since the date of your injury, for all purposes including permanent impairment compensation, where your condition has not settled. And the assessment must be based only on how you present on the day you are examined. The assessor is told not to factor in future treatment, hoped-for recovery, or likely deterioration. Get assessed on a bad month and that is the reading that counts, which is exactly why the timing of your assessment is now a decision to plan, not leave to chance.
The road toll is climbing. Western Australia is on track to record more than 200 road deaths in 2026, which would be the first time since 2008. The state sat at 110 to 112 deaths by mid-year against 103 at the same point in 2025. WA now carries the second-highest fatality rate of any state, 6.2 deaths per 100,000 people in the year to May 2026. More crashes means more injured people dealing with ICWA, and it means insurers with heavier caseloads and more reason to settle low.
| Change | What it means for you | Source |
|---|---|---|
| ATO Class Ruling CR 2025/88 (Dec 2025) | The income part of a workers comp lump sum is taxed as ordinary income in the year you get it. Medical, rehab and impairment parts are not. | Australian Taxation Office |
| WorkCover WA impairment guidelines, 2nd edition (from 1 July 2026) | Special impairment assessment available once 18 months have passed since injury. The reading is based on the day you are examined, not your likely recovery. | WorkCover WA |
| ICWA general damages threshold, 2025-26 | Pain and suffering under $26,500 pays nothing. The deductible only clears at $103,000. Maximum award $501,000. | Insurance Commission of WA |


If you were hurt at work or on a work journey, WA’s no-fault scheme entitles you to weekly income payments, medical and rehabilitation costs, and permanent impairment compensation, without proving your employer did anything wrong. The scheme is large: WorkCover WA recorded 18,014 lost-time claims in 2024-25 and $1.645 billion in payments, and long claims of 60 days or more drove 84.4 per cent of that cost. Where your employer’s negligence caused a serious injury, you may also bring a common law claim through the District Court for pain and suffering and future loss. We run workers compensation claims from lodgement through to dispute and common law.

Every motor injury claim in WA runs through the Insurance Commission of Western Australia under the compulsory third party scheme funded by your registration, not directly against the other driver. You can claim for treatment, rehabilitation, lost income and pain and suffering, and you can claim even if you were partly at fault or the driver fled. We manage the ICWA process end to end, including the Notice of Intention to Make a Claim, and we handle the full car accident claim so you can recover.

A fall on an unsafe floor at the Galleria, a trip on a broken footpath, an injury from a falling object or a poorly kept premises can support a claim against the occupier under the Civil Liability Act 2002 (WA). These claims turn on proving the hazard and the failure to fix it, which is why photographs and incident reports taken on the day matter so much.

If you were hurt as the victim of an assault or other offence, the Criminal Injuries Compensation scheme can pay you without the offender ever being convicted, and reforms have widened access for survivors of historical abuse. Kevin has represented crime victims through the District Court for years.
*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
Which law governs your Morley claim depends on how you were injured. The main ones are the Limitation Act 2005 (WA), the Motor Vehicle (Third Party Insurance) Act 1943, the Workers’ Compensation and Injury Management Act 2023, and the Civil Liability Act 2002 (WA). Getting the pathway and the deadline right at the start is most of the job.
Under the Limitation Act 2005 (WA) you generally have three years from when you became aware of your injury to start court proceedings, and for a child under 15 the deadline runs to their 21st birthday. Motor vehicle claims have their own early step: you are expected to lodge an online crash report and a Notice of Intention to Make a Claim with ICWA within six months of the crash. A late notice is not always fatal, because ICWA has to show it was prejudiced to defeat your claim, but the longer you wait the harder that argument gets. Miss the court deadline and the claim is usually gone for good.
The Workers’ Compensation and Injury Management Act 2023 took over the scheme from 1 July 2024 and brought in provisional payments and reworked processes. You still do not have to prove fault to get weekly payments, medical costs and rehabilitation. Where your injury is serious and your employer was negligent, a common law claim on top remains open through the District Court. The 2026 impairment guidelines sit inside this scheme, which is why timing your assessment is now part of the strategy.
ICWA and workers compensation insurers run experienced claims teams whose job is to close your file for as little as the law allows. That is not a criticism, it is their role. A director who has argued these cases up to the High Court reads their offers differently than you can, and knows which entitlements they tend to leave out.
What sits inside your claim depends on the injury and the pathway, but most Morley claims draw on the same heads of damage. We identify every category you are entitled to and value the long-term ones that are easy to miss.
| Head of damage | Motor vehicle (ICWA) | Workers compensation |
|---|---|---|
| Weekly income / loss of earnings | Yes, past and future | Yes, statutory weekly payments |
| Medical and rehabilitation | Yes | Yes |
| Pain and suffering (general damages) | Yes, above the $26,500 threshold | Common law only, serious injury |
| Permanent impairment lump sum | Via general damages | Yes, statutory |
| Care, home help and modifications | Yes | Yes, for serious injury |
| Superannuation / TPD alongside | Often available | Often available |
For a catastrophic motor vehicle injury, the Catastrophic Injuries Support Scheme that began on 1 July 2016 can fund lifetime treatment, care and support on top of any common law claim. A serious injury almost always has a superannuation total and permanent disability claim running quietly alongside it, and we check for one on every serious file.
Most claims settle by negotiation without a hearing. We handle every dealing with the insurer so you can get on with recovering, and we keep you across each stage.
Call (08) 6558 1786 or send an enquiry. A director reviews what happened, looks at any documents you have, and tells you plainly whether you have a claim worth running. Free, confidential, no obligation. If your injury keeps you home, we come to you in Morley.
Once you engage us, we gather the medical records, specialist reports, witness statements and scene evidence. For an ICWA matter we take care of the crash report and the Notice of Intention. You hand it over and we carry it.
We lodge with the right body, ICWA for a road injury, WorkCover WA for a work injury, or the relevant court for a negligence claim, and we hold every deadline and form.
We put your claim to the insurer and argue it. Kevin and Rebecca do not take the first number for granted, and most claims resolve at a settlement conference before any trial.
When a fair figure is agreed, you are paid. If the insurer will not be reasonable, we are ready to run it. Kevin has taken matters to the Supreme Court and the High Court, and insurers know it.
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.
We act for injured people in Morley and across Noranda, Dianella, Bayswater, Bedford, Embleton, Maylands, Inglewood, Beechboro and Mount Lawley. Our St Georges Terrace office is a short drive from Morley, we take calls after hours on 0411 896 133, and we visit clients at home or in hospital when an injury makes travel hard. Wherever in the Morley area you were hurt, on the road, at a worksite, in a shopping centre or on someone’s property, one of our directors can tell you where you stand. We also help injured people just outside Morley, with Mount Lawley car accident and Rivervale personal injury claims.
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WA compensation law is state-wide, so where your lawyer’s office sits does not change your rights. What changes your outcome is who runs the file and how current they are on the law. We are about 9 km from the Galleria, we visit Morley clients who cannot travel, and your matter is handled by a director. A local office on Walter Road is convenient, but proximity is not the thing that wins a disputed claim.
Part of it can be. Following ATO Class Ruling CR 2025/88, the income-replacement portion of a WA workers compensation lump sum is taxed as ordinary income in the year you receive it. The medical, rehabilitation and permanent impairment portions are not taxed. We work out the after-tax figure before you accept anything.
Yes. ICWA motor injury cover extends to cyclists, motorcyclists, pedestrians and e-rideable riders injured in a crash involving a motor vehicle, including hit-and-run. Given the recent serious crashes on Beechboro Road and Benara Road, this comes up often. Report the crash and see a doctor, then call us.
We act on No Win No Fee for personal injury claims, so you pay no professional fees unless your claim succeeds. On a win we usually recover a large part of your legal costs from the insurer as party-and-party costs. Your first consultation is free. If we cannot help, you are not charged.
A straightforward claim can resolve in months. A serious injury often should not settle until it has stabilised, which can take a year or more, because you cannot value a permanent impairment properly until it stops changing. The 2026 assessment timing rules are part of why we sometimes advise waiting.
Usually yes. WA runs on contributory negligence, so your compensation is reduced by your share of blame rather than wiped out. Even in a single-vehicle or hit-and-run situation, an ICWA claim may still be open to you.
Generally three years from when you became aware of the injury to start court action, under the Limitation Act 2005 (WA). Motor vehicle claims should be notified to ICWA within six months of the crash. Some exceptions apply for children and for injuries that surface late, so get advice early rather than assume you are out of time. If you are worried your deadline has passed, our breakdown of WA claim timeframes walks through the exceptions.
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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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