FAQs About Workers Comp Lawyers In Perth
Yes. Western Australia operates a no fault workers compensation system, meaning you’re entitled to claim even if your own actions contributed to the workplace injury. The exception involves serious misconduct that deliberately causes injury, but standard workplace accidents qualify regardless of who bears responsibility. This fundamental principle ensures injured workers receive medical treatment and income support without having to prove their employer was negligent.
You should make your claim as soon as practicable, ideally within 12 months from the date of injury or when you first discovered a work related disease. Claims lodged after 12 months face potential denial if the insurer can prove material prejudice. More critically, common law claims require strict adherence to termination date time limits, usually 12 months from when weekly payments commenced. Missing these deadlines can permanently extinguish your right to pursue additional compensation through common law proceedings.
Workers compensation in WA covers several categories of entitlements. Weekly income compensation replaces lost wages, typically at 85% of your pre injury earnings after 13 weeks. Medical and rehabilitation expenses are reimbursed, including doctor visits, physiotherapy, psychology, medications, and reasonable travel costs. Permanent impairment compensation provides lump sum payments based on the assessed degree of lasting disability. For serious injuries involving employer negligence, common law claims may deliver additional compensation for pain, suffering, and economic loss.
While not legally required, engaging experienced workers comp lawyers significantly improves outcomes. Insurers employ teams of lawyers and claims managers whose job involves minimising payouts. Representing yourself places you at a substantial disadvantage during negotiations. Soul Legal’s expertise ensures all entitlements are identified, properly calculated, and vigorously pursued. Our No Win, No Fee arrangement means professional representation costs nothing unless we succeed, eliminating financial barriers to accessing justice.
All Western Australian employers must maintain workers compensation insurance coverage. If your employer failed to secure proper insurance, you can still claim compensation directly from the Insurance Commission of Western Australia, which operates as the insurer of last resort. Uninsured employers face significant penalties and remain personally liable for claim costs. Contact Soul Legal immediately if you discover your employer lacks proper coverage, as this situation requires urgent legal intervention to protect your rights.