
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
If you were injured in Scarborough in the last two years, the rules that decide what you receive have changed, and they may not be the ones you think they are. Three of them changed, and one of those changes can add a tax bill to a settlement that would have reached you tax-free two years ago.
| When | The change | What it means for you |
|---|---|---|
| 1 July 2024 | The Workers Compensation and Injury Management Act 2023 replaced the 1981 Act | New terms, new forms, and a settlement backlog that ran for months after commencement |
| 15 Oct 2024 | Common Law Election Validation Bill, after Neville v Choice One [2024] WASCA 104 | A one-day timing gap had invalidated potentially hundreds of common law elections; the fix also extended limitation periods by 12 months for affected workers |
| Dec 2025 | ATO Class Ruling CR 2025/88 | The income-compensation part of a workers’ comp settlement is now taxed as ordinary income in the year you receive it |
| 1 July 2026 | WorkCover WA Permanent Impairment Guidelines, 2nd edition | A new special-assessment pathway, but assessors can no longer count the impairment that future surgery would cause |
| 17 Aug 2026 | Fair Work Commission minimum standards for gig delivery workers | Food and grocery delivery platforms must now provide a minimum level of personal accident cover |
The tax change is the one that surprises people. Since CR 2025/88, the income-replacement component of a registered workers’ compensation settlement under the 2023 Act is treated as ordinary income and taxed in the financial year you receive it. Medical and permanent-impairment components are generally treated differently. For a lower-income worker, a lump sum that represents several years of lost wages can land in a single tax year and push you into a higher bracket. Early in 2026, most insurers slowed or froze settlement activity while they worked out how to apply the ruling, which left some injured workers waiting on both money and closure. The Law Society of Western Australia has argued the ruling should be revisited. As of August 2026 it still stands, and there is no clean fix available through state law alone. A firm that structures your settlement with this in mind can change what you actually keep.
We track these changes because they decide real numbers on real claims. If you are still being told your payout is tax-free, that advice is about a scheme that ended.
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Injured in a public place due to unsafe conditions or a defective product? You may be able to pursue a personal injury claim. Compensation can help cover medical expenses, lost income and other costs arising from your injury.
If you have been injured at work or while travelling between job sites, you may be eligible to make a workers’ compensation claim. You may be entitled to compensation for medical treatment, lost wages and other related expenses.
Injured in a car, truck, motorcycle, bicycle or quad bike accident? You may be entitled to claim compensation for your injuries and losses. Eligibility will depend on the circumstances of the accident and who was at fault.
At Soul Legal, Kevin Wong or Rebecca Sorgiovanni runs the file through the stages that decide its value. You are not handed to a first-year lawyer for the medical evidence and the negotiation, which is where most compensation is won or lost.
Kevin Wong has practised personal injury law since he graduated from UWA Law School in 1991. He has appeared in WorkCover, 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 High Court case that abolished the old chance-of-remarriage discount applied to widows in dependency claims. He was counsel in Westrupp v BIS Industries [2015] FCAFC 173, which confirmed workers’ compensation coverage for FIFO workers. That is appellate-level capability, and it is rare in a suburban injury practice.
Rebecca Sorgiovanni has practised since 1997 and founded her own firm, Sorgiovanni Legal, in 2007 before co-founding Soul Legal with Kevin in 2018. She is an accredited alternative dispute resolution practitioner and a registered mediator, and she has appeared everywhere from the WA Industrial Relations Commission and WorkCover WA to the Court of Appeal and the Coroner’s Court. She established new law in Re Her Honour Judge Schoombee; Ex Parte Attorney General for WA [2011] WASCA 129.
Between them that is more than 60 years of WA injury practice. The firm is named for the client, not the founders, and clients work directly with a qualified lawyer from the first call.

Personal injury covers more than a car crash. In a beachside suburb inside the City of Stirling, the claims we see cluster around a few local realities: the hospitality and retail work along the foreshore, the traffic on West Coast Highway and Scarborough Beach Road, and the crowds the beach draws in summer. Each of the main claim types works differently in WA.

If you are hurt at work or your job makes you ill, WA runs a no-fault scheme: you do not have to prove your employer did anything wrong to receive income compensation, medical and rehabilitation expenses, and permanent-impairment compensation. It covers full-time, part-time and casual work, which matters in Scarborough, where a large share of the foreshore’s bar, cafe and restaurant jobs are casual. Where your employer’s negligence caused a serious injury (assessed at 15 percent or more whole-person impairment), you may also bring a common law claim for pain and suffering and future loss through the District Court. We lodge workers’ compensation claims with WorkCover WA, challenge rejected claims, and run the common law side where the impairment threshold is met.

Every motor-injury claim in WA runs through the Insurance Commission of Western Australia (ICWA), not directly against the other driver, under the compulsory third-party scheme funded by your rego. It covers drivers, passengers, motorcyclists, cyclists and pedestrians, and you can claim even if you were partly at fault. West Coast Highway and Scarborough Beach Road carry heavy weekend and summer traffic, and the coastal shared path puts cyclists and pedestrians close to it. We run the full car accident claims through ICWA: treatment, rehabilitation, lost wages, and pain and suffering.

A slip, trip or fall on unsafe public or private property can support a claim under the Civil Liability Act 2002 (WA). Scarborough’s foreshore, its pool, the amphitheatre and the grassed terraces are managed by the City of Stirling, and a claim for an injury on council land runs against the council or its insurer. Shopping centres, cafes and licensed venues carry their own duty. We identify the right occupier for public liability claims and hold them to it.

When a health provider breaches its duty of care through a surgical error, a misdiagnosis, a delay or a medication mistake, the harm can be permanent. These claims are evidence-heavy and run on their own timeline. We act for clients who have been harmed this way and build the specialist evidence a court needs.

Victims of assault and other offences can claim through the Criminal Injuries Compensation Scheme, including many historical matters. Kevin Wong has represented crime victims through the District Court and beyond. Scarborough’s late-night entertainment strip produces its share of these.

Under the Dog Act 1976 (WA), owners face strict liability for injuries their dogs cause, often covered by home insurance. For the most serious injuries, the Catastrophic Injuries Support Scheme (in place since 1 July 2016 for motor vehicle accidents) provides lifetime treatment, care and support. We handle both.
*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
Every claim moves through five stages. Most settle by negotiation without a court hearing, and we handle all contact with insurers and other parties so you can focus on recovering.
Stage 1: Free claim review. Call (08) 6558 1786 or send an online enquiry. A senior lawyer reviews your situation and any documents you have, and gives you a straight read on whether you have a claim worth running. Free, confidential, no obligation. If you cannot travel, we come to Scarborough.
Stage 2: Building the case. Your lawyer gathers medical records, specialist reports, witness statements and scene documentation, and requests the insurer or employer file. We carry this load, not you.
Stage 3: Lodging the claim. We lodge with the right body: ICWA for motor injuries, WorkCover WA for workplace injuries, or the relevant court for a negligence claim. Every deadline and form is ours to manage.
Stage 4: Negotiation. We deal directly with the insurer. Kevin and Rebecca do not accept low offers to close a file quickly. Many claims resolve at a pre-trial conference.
Stage 5: Resolution and payment. When a fair outcome is reached, your compensation is paid. If an insurer will not move, we are ready to run the matter to trial; Kevin has taken cases to the Supreme Court and the High Court.
| Motor injury (ICWA) | Workers’ compensation (WorkCover WA) | |
|---|---|---|
| Who insures it | Insurance Commission of WA, via your rego | Your employer’s workers’ comp insurer |
| Do you prove fault? | No, and you can claim if partly at fault | No, it is a no-fault scheme |
| First deadline | Report the crash and lodge a Notice of Intention to Claim with ICWA, usually within 6 months | Report the injury to your employer as soon as possible |
| Main benefits | Treatment, rehab, lost wages, pain and suffering | Income compensation, medical and rehab, permanent-impairment |
| Common law option | Built into the scheme | Only where negligence caused 15%+ whole-person impairment |
WA gives you more than one route to compensation, and each has its own deadline. The pathways that apply to a Scarborough claim usually sit under the Limitation Act 2005, the Motor Vehicle (Third Party Insurance) Act 1943, the Workers Compensation and Injury Management Act 2023, and the Civil Liability Act 2002. Miss a deadline under any of them and a good claim can be lost.
You generally have three years from the date you first knew about your injury to start court proceedings under the Limitation Act 2005. For a child under 15 the deadline extends to six years. For a motor injury, you report the crash to ICWA and lodge the Notice of Intention to Make a Claim, usually within six months, though a late notice is not automatically fatal because ICWA has to show it was prejudiced to defeat the claim. The safe move is to get advice early, before evidence goes cold. See how long a WA injury claim takes.
This is the part that catches people out. In WA, general damages for pain and suffering in a motor injury claim only start once your loss clears a threshold that is indexed every July.
We act for injured people across Scarborough (postcode 6019) and the surrounding City of Stirling suburbs, including Doubleview, Wembley Downs, Woodlands, Innaloo, Gwelup, Karrinyup, Trigg, North Beach and Watermans Bay. Further north, we also act for clients in Joondalup. Our Perth CBD office at Suite 2/22 St Georges Terrace is about 14 kilometres from the Scarborough foreshore, and our Baldivis office serves clients to the south. Home and hospital visits are available for anyone who cannot travel.
Scarborough is not a nine-to-five office suburb, and its injuries reflect that. The work here is hospitality, retail and tourism, concentrated along the beachfront and the entertainment precinct around the Rendezvous Hotel, and a lot of it is casual and late-night. The beach itself, one of Tourism Australia’s top ten for 2025, pulls large crowds through summer, which puts pressure on West Coast Highway, the coastal shared path, and the City of Stirling’s foreshore facilities, the pool, the amphitheatre and the skate park among them. When we run a Scarborough claim, the local detail changes the outcome. Whether your injury happened behind a bar, on the highway, on the sand or on council land changes which scheme applies, which insurer pays, and which deadline is already running.
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Anyone injured through someone else’s fault, or injured at work, or hurt in a motor vehicle crash, can usually claim. Motor injury and workers’ comp are no-fault, so you can claim even if the crash or the workplace injury was partly your doing. Negligence claims (public liability, medical negligence) do need fault shown.
On a No Win No Fee basis, nothing unless your claim succeeds. When it does, we pursue party-and-party costs from the insurer, which covers the majority of your legal costs, and the balance comes from your settlement under a costs agreement you see up front. The first consultation is free, and if we cannot help you, you are not charged.
Most personal injury claims settle in nine to eighteen months. Serious injuries often take longer, because we wait until your condition stabilises before valuing it, which can be a year or more. Rushing to settle before the injury has settled usually costs you.
Partly, and this is new. Since ATO Class Ruling CR 2025/88 in December 2025, the income-compensation part of a registered settlement under the 2023 Act is taxed as ordinary income in the year you receive it. Medical and impairment components are generally treated differently. How your settlement is structured affects your tax, so it is worth advice before you sign.
Yes, for motor injury and workers’ comp, which are no-fault schemes. Your compensation may be reduced for contributory negligence, but partial fault does not shut you out. For negligence claims, contributory negligence can reduce but rarely erases a claim.
Treat it as a warning. ICWA suspects almost 30 percent of new motor-injury claims are harvested through cold-calling and paid referrals, and new $10,000 offences now target it. A legitimate firm does not buy your crash details or ring you out of the blue. Report it on (08) 9264 3333.
Usually not. Most claims settle by negotiation or at a pre-trial conference. If an insurer will not offer a fair outcome, we are prepared to run the matter to trial, and that readiness is often what moves the offer.
NO WIN – NO FEE*
Talk to a Scarborough personal injury lawyer today
No Win, No Fee. Your first consultation is free and confidential. Call (08) 6558 1786, or 0411 896 133 after hours, and get a claim assessment within 24 hours. If you cannot travel, we will come to you.

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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