FAQ
Most frequent questions and answers
After sustaining a workplace injury, take immediate action to protect your rights. First, report the injury to your supervisor or employer as soon as possible, ensuring the incident is documented in writing. Seek medical attention promptly, even if the injury seems minor, and make sure your doctor records all your symptoms and the connection to your work. Take photos of the accident scene, your injuries, and any hazards that contributed to the incident if possible. Obtain contact details of any witnesses who saw what happened. Complete a workers compensation claim form and submit it to your employer without delay. Finally, contact experienced workers compensation lawyers to understand your rights and ensure you’re taking all necessary steps to protect your claim.
Yes, psychological injuries caused by workplace stress are compensable in Western Australia under the Workers’ Compensation and Injury Management Act. This includes conditions such as anxiety, depression, post traumatic stress disorder, and adjustment disorders that arise from your employment. To succeed with a psychological injury claim, you need medical evidence from a qualified psychologist or psychiatrist establishing that your condition was caused or significantly contributed to by your work. Common causes include workplace bullying, harassment, excessive workload, traumatic incidents at work, or unreasonable work demands. These claims can be more complex than physical injury claims, so seeking advice from Perth workers compensation lawyers who specialise in psychological injuries is important.
Permanent impairment compensation is a lump sum payment available when your workplace injury results in lasting damage that affects your ability to function. In Western Australia, permanent impairment is assessed using the American Medical Association (AMA) guidelines, which rate your impairment as a percentage of whole person impairment. A qualified medical specialist conducts an assessment once your condition has stabilised and determines your impairment rating. The compensation amount is then calculated based on this percentage and your age at the time of injury. Different thresholds apply depending on whether your impairment is physical or psychological. Our Perth workers compensation lawyers can advise whether you’re likely to qualify for permanent impairment compensation and what amount you might expect based on your injury.
If you cannot return to your previous job due to your workplace injury, you have several options and entitlements. Your employer may offer suitable alternative duties that accommodate your restrictions, which could involve modified tasks, reduced hours, or a different role. If your employer cannot provide suitable work, you may be entitled to continue receiving weekly income payments. You can also claim vocational rehabilitation services to help you retrain for alternative employment. Additionally, you may be entitled to loss of earning capacity payments if your injury permanently affects your ability to earn your previous income. Our team can assess your situation, negotiate with your employer and insurer about suitable duties, and ensure you receive all entitlements if you cannot return to your pre injury role.
If your workers compensation claim is experiencing unreasonable delays, you have options to expedite the process. Insurers have legal obligations to make decisions within certain timeframes, and you can lodge a complaint with WorkCover WA if these aren’t being met. Our team can contact the insurer directly to request updates and push for faster processing. If delays are causing financial hardship, we can seek advance payments or provisional liability acceptance in appropriate cases. In some situations, we may need to initiate formal dispute resolution processes or conciliation to force a decision. Delays are often caused by insurers waiting for additional information, so ensuring all required documentation and medical evidence is provided promptly can help avoid unnecessary hold ups.