Workers Compensation Claim Lawyers In Perth

Injured at work in WA? You are covered by a no-fault scheme that pays your wages and medical costs while you recover. But the law changed on 1 July 2024, your payments shrink after six months, and one impairment number decides whether you can claim for everything else. We help you pursue the full amount you are entitled to, and you pay no legal fees unless your claim succeeds.

What changed for WA workers on 1 July 2024

Western Australia threw out its 1981 workers compensation law and replaced it with the Workers Compensation and Injury Management Act 2023. It is a full rewrite, not a patch. Four changes matter most to an injured worker.

Your wages are protected for longer

Income payments now hold at 100% of your pre-injury weekly pay for the first 26 weeks, then step down to 85%. Under the old law that cut hit at 13 weeks. That extra 13 weeks of full pay can be worth thousands while you are still off work.

Your medical pool roughly doubled

The cap on medical and health expenses moved from 30% to 60% of the general maximum amount. For 2025/26 that is $163,932, indexed every July, with no time limit while the pool lasts.

Catastrophic injuries get lifetime care

The new Catastrophic Injuries Support Scheme covers lifelong treatment and support for the most serious injuries, run by the Insurance Commission of WA, similar to the motor vehicle scheme.

The total ceiling is set and indexed

The General Maximum Amount, the old “prescribed amount”, is $273,220 for 2025/26. That covers your loss of earnings and permanent impairment across the life of the claim, and it rises with the Wage Price Index.

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What You Can Actually Claim

Most injured workers claim less than they are entitled to, usually because no one mapped it out for them. Under the 2023 Act you can claim across six areas.

Weekly income compensation. 100% of pre-injury earnings for 26 weeks, then 85%, up to the $273,220 ceiling for 2025/26.
Medical and treatment costs. Up to $163,932 for 2025/26, with no time limit while the pool lasts. Physio, surgery, specialists, medication.
Travel for treatment. Reasonable costs of getting to and from approved appointments.
Rehabilitation and return-to-work support. Workplace rehab, and retraining where your old role is no longer possible.
Permanent impairment lump sum. A payment for permanent loss of function, assessed on your Whole Person Impairment rating, separate from and on top of weekly payments.
Common law damages. If your impairment reaches 15% and negligence is involved, you may be able to claim future economic loss and pain and suffering, beyond the statutory amounts.

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The 5-Signal Claim Check

Before you accept anything from an insurer, run your claim through these five signals. Each one is a reason to get assessed before you sign, because each can mean your claim is worth more than the first offer suggests.

1. Your payments dropped or stopped early

Income compensation can only be reduced or stopped through the approved form, in writing, with the reason and date. The 85% step-down is only lawful after 26 weeks. If yours stopped sooner or without that notice, it can be challenged.

2. Your impairment might reach 15% WPI

That is the gate to common law. If you have had surgery, a permanent restriction, or ongoing nerve, joint or psychological symptoms, you may be closer than you think, and you will not know without a proper assessment.

3. Your treatment will outlast the medical cap

The 2025/26 pool is $163,932. Serious injuries can use that up. If your future care will cost more, that gap should be considered in any settlement, not discovered after you have signed.

4. Your injury still has not settled at 18 months

The 2023 Act has specific provisions for conditions that have not stabilised, and for dust diseases. A claim closed early on an unsettled injury can be a claim closed too cheaply.

5. An unsafe system of work caused the injury

The statutory scheme is no-fault, but if your employer’s negligence caused the harm, a separate common law claim may be possible, beyond weekly payments. Faulty equipment, no training, ignored hazards, unsafe rosters: these are the facts that can change a claim’s value.

What Shapes the Value of Your Claim

There is no fixed price for a work injury, and anyone who quotes you a firm number before your injuries have stabilised is guessing. What you can recover depends on four things.

Your impairment rating. The higher your Whole Person Impairment, the more is on the table, and 15% opens the common law door.
Your future treatment. Surgery, ongoing physio, medication and aids all add to the medical claim and to any settlement.
Your loss of earning capacity. If you cannot return to the same work or hours, that future loss can be the largest part of a common law claim.
Whether negligence was involved. An unsafe system of work can move a claim from statutory benefits into common law damages.

How a Soul Legal claim works

From first contact to settlement, here is the actual process, and why a serious claim takes the time it does.

1. Before your first meeting

You get a secure upload link to send through your accident and medical documents, so we can review them before we meet.

2. First consultation

We gather the facts, advise on the steps you need to take to preserve your legal rights, and go through the No Win, No Fee retainer with a costs estimate that would apply only on a successful outcome.

3. Let your injuries stabilise

The part that surprises people: a proper assessment of your entitlements can usually only be made once your injuries have settled and your doctors can describe your long-term outlook. For serious injuries that can take a year, sometimes longer where surgery is ongoing.

4. Build the evidence and negotiate

We collect evidence, draft submissions, and try to settle your claim with the insurer without Court or WorkCover proceedings.

5. Proceedings, only if needed

If the claim cannot be settled fairly, Court or WorkCover proceedings can be pursued where appropriate.

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No win, no fee, explained properly

You pay no legal fees unless your claim is successful. Here is the part most firms leave out.

When there is a successful outcome, most of the legal fees are usually recovered from the defendant. Any gap that cannot be recovered is deducted from the proceeds of settlement at the conclusion of the case, so you are not paying us out of pocket while the claim runs. As the claim is pursued, you may need to pay third parties such as doctors for medical reports and trial attendances. These are disbursements. Soul Legal is on the Legal Aid Panel, and disbursements are usually paid by Legal Aid where a client cannot meet those costs, for meritorious claims. See the full no win, no fee terms.

What Injured Workers Wish They Had Known

From what injured workers report, the same regrets come up over and over.

The claim closes while you are still hurt

Statutory benefits end, and reopening a closed claim is hard unless something specific happens, like needing a future joint replacement. Plan for the end of the claim before it arrives, not after.

Going back too early, then living with it

Returning to work under pressure before you are ready can affect both your recovery and your claim. Once you are back and stable, your options can narrow.

The first offer is rarely the final number

An insurer’s first figure is a starting position, not a full valuation of what your injury will cost you over time. Unrepresented workers often accept early offers without knowing what else was available.

Serving injured workers across Perth and WA

Soul Legal proudly serves injured workers throughout Perth and the surrounding regions. Our head office is conveniently located at Level 2, 22 St Georges Terrace, right in the heart of Perth’s central business district. This prime location is easily accessible via public transport, with Elizabeth Quay train station just a short walk away and multiple bus routes stopping nearby along St Georges Terrace.

We understand that workplace injuries can make travel difficult. In special circumstances, our solicitors can visit you at your home or hospital to ensure you receive the legal support you need during recovery. From Kings Park to South Perth, Northbridge to Subiaco, Soul Legal is committed to being accessible to injured workers wherever they are across Western Australia.

Contact the Workers Compensation Claim Lawyers In Perth You Can Trust

FAQ

Most frequent questions and answers

How do I start a workers compensation claim in Perth?

Report all injuries to your doctor as soon as you can and get a WorkCover WA First Certificate of Capacity. Complete a workers compensation claim form and submit it to your employer, who forwards it to their insurer. Then get legal advice, because what you do in the first weeks shapes the entire claim.

How long do I have to make a claim in WA?

Time limits and limitation periods apply in WA, and a claim is generally made within 12 months of the injury. A separate limitation applies to common law claims. Late medical reporting or delay in lodging can prejudice a claim, so see a lawyer as soon as you can to protect your options.

Can I claim for stress, anxiety or depression?

Yes. Psychological injuries such as work-related stress, anxiety, depression and PTSD can be compensable when you show a clear link between work and the condition, backed by evidence from a psychologist or psychiatrist. One exception: injury arising from reasonable administrative action, like lawful performance management, is not covered.

Can I negotiate a settlement while still on weekly payments?

Yes. The 2023 Act has a single statutory settlement pathway, and discussions can proceed while you are still receiving weekly payments. Sequencing matters, because settling the statutory claim and electing common law rights interact, so get advice before you accept anything.

I am on a temporary work visa. Does claiming affect my visa?

Workers compensation cover in WA generally applies regardless of visa status, and making a claim does not usually create a barrier on its own. Immigration is a separate area of law, so confirm your specific situation with a registered migration agent alongside your workers compensation lawyer.