FAQ
Most frequent questions and answers
Workers compensation in WA can provide several types of benefits depending on your circumstances. These include weekly income payments to replace lost wages while you’re unable to work, full coverage of all medical and rehabilitation expenses 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 appropriate cases, common law damages for pain and suffering. The workers compensation claims lawyer Baldivis has available at Soul Legal can assess your individual circumstances and advise on realistic compensation expectations.
Yes, strict time limits apply to workers compensation claims in Western Australia. You must notify your employer of your injury as soon as practicable after it occurs or after you become aware that your condition is work related. You should complete and submit a workers compensation claim form promptly, ideally within days or weeks of your injury. Insurers must be notified of your intention to claim within a reasonable timeframe. There are also limitation periods that can bar claims from being pursued altogether if deadlines are missed. Most critically, for common law claims, a one year limitation period applies from the date your weekly payments cease. We strongly recommend seeing a lawyer as soon as possible after a workplace injury to protect your rights and ensure all deadlines are met.
Having a pre existing medical condition does not automatically prevent you from making a successful workers compensation claim. Under WA law, if your employment significantly contributed to your injury, aggravated your pre existing condition, or accelerated the deterioration of a pre existing condition, you may still be entitled to compensation. The key question is whether your work was a substantial contributing factor to your current condition or disability. Medical evidence is crucial in these cases to establish the connection between your employment and your current symptoms. Our experienced solicitors at Soul Legal regularly handle claims involving pre existing conditions and can assess whether your situation qualifies for compensation under the Workers’ Compensation and Injury Management Act.
To make a workers compensation claim in Baldivis or anywhere in Western Australia, start by reporting all your injuries to your doctor at a medical consultation as soon as possible after the incident or after you realise your condition is work related. Obtain a medical certificate and ensure your doctor documents the connection between your condition and your employment. Complete a workers compensation claim form and submit it to your employer, who will forward it to their insurer. The next important step is seeking legal advice from a specialist workers compensation claims lawyer. At Soul Legal’s Baldivis office, we can review your claim, ensure all required documentation is complete and properly prepared, communicate with the insurer on your behalf, and pursue all entitlements available to you under the law.
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 covering Commonwealth government employees and some private sector employers who have chosen to join the scheme. The two systems operate under different legislation, have different claim procedures, different benefit structures, and different appeal processes. Comcare claims involve 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 at Soul Legal has expertise in both systems and can guide you through whichever applies to your situation.