FAQ
Most frequent questions and answers
Under the Western Australian workers compensation system, if you are receiving weekly payments and those payments stop, you have only one year from the date they stop to start common law proceedings for damages. This is known as the one-year termination date. If you don’t begin court proceedings within this one-year window, you permanently lose your right to claim common law damages for pain and suffering and loss of earning capacity. This is one of the most critical deadlines in workers compensation law. As workers compensation attorneys in Perth, we carefully track this time limit for all our clients to make sure valuable rights are not lost. Missing this deadline can cost you hundreds of thousands of dollars in potential compensation.
If your employer or their insurer disputes your workers compensation claim, they must give you reasons for the dispute. Common grounds for dispute include whether the injury happened at work, whether your current condition is related to your job, whether you have a pre-existing condition that is the real cause, or whether you are fit to return to work. When a claim is disputed, we can help by gathering additional evidence, getting specialist medical opinions, preparing detailed submissions, and if necessary, taking your claim through conciliation or legal proceedings. Many disputed claims are resolved through negotiation once proper evidence is put forward by experienced lawyers who understand insurer tactics.
WorkCover refers to the state-based workers compensation scheme in Western Australia, which covers most employees under the Workers’ Compensation and Injury Management Act. Comcare is the federal workers compensation scheme that covers Commonwealth government employees and some private sector employers who have chosen to join the scheme. The two systems run under different laws, have different claim procedures, different benefit structures, and different appeal processes. Comcare claims go through the Administrative Appeals Tribunal for disputes, while WorkCover claims may involve WorkCover WA conciliation and potentially District Court proceedings for common law damages. Our team has expertise in both systems and can guide you through whichever one applies to your situation.
Yes, strict time limits apply to workers compensation claims in Western Australia. You must let your employer know about your injury as soon as possible after it happens or after you become aware that your condition is work related. You should fill out and submit a workers compensation claim form promptly, ideally within days or weeks of your injury. Insurers must also be told about your intention to claim within a reasonable timeframe. There are limitation periods that can stop you from pursuing a claim altogether if deadlines are missed. Most importantly, for common law claims, a one-year time limit applies from the date your weekly payments stop. We strongly recommend seeing workers compensation attorneys in Perth as soon as possible after a workplace injury to protect your rights.
Workers compensation in WA can provide several types of benefits depending on your situation. These include weekly income payments to replace lost wages while you are unable to work, full coverage of all medical and rehabilitation costs related to your injury, permanent impairment compensation if your injury results in lasting damage assessed under the AMA guidelines, rehabilitation costs including physiotherapy and occupational therapy, loss of earning capacity if you cannot return to your previous role, and in the right circumstances, common law damages for pain and suffering. The specific entitlements you receive depend on the nature and severity of your workplace injury, your earning capacity, whether you can return to suitable work, and whether your claim falls under the state-based scheme or Comcare for Commonwealth employees.