All Western Australian employers are required to carry Workers’ Compensation insurance. The insurance program is regulated through Workcover, a government agency.
What is Workers’ Compensation?
Any Australian business that hires workers under a written or oral employment agreement, is obliged to have workers compensation insurance in order to compensate workers in the event of work-related injury or disease.
Workers’ Compensation is payable to an employee who suffers an injury at work, whether the injury is physical or psychological.
An employee who is injured at work in Western Australia is entitled to:
- weekly payments of compensation;
- reasonable treatment expenses;
- assistance with rehabilitation; and
- reasonable travel expenses
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What to do if you are injured at work
If you are injured at work, it is important that you notify your supervisor or employer immediately. All work related injuries, no matter how small, should be reported to your employer.
You should attend your treating doctor and request a first medical certificate. You do not have to attend a doctor chosen by your employer.
You should request a claim form 2B from your employer or download a claim form from the Workcover website.
You must provide the claim form and first medical certificate to your employer. We recommend you keep a copy of the claim form and first medical certificate.
Your employer has 5 days to pass the claim form and first medical certificate to its Workers’ Compensation insurer. The Workers’ Compensation insurer has 14 days to advise you whether your claim is accepted, pended or declined.
You might be advised that your claim has been pended because the Workers’ Compensation insurer needs to investigate the circumstances of your injury or further medical information is required.
If you have not heard from the Workers’ Compensation Insurer within 14 days of receiving the pended notice, we recommend you seek legal advice immediately.
Workers Compensation Claim Process
How can workers compensation lawyers help me?
The knowledge and expertise of our Perth workers compensation lawyers can be essential in cases involving injuries or illness. While it is possible to make a compensation claim on your own, it requires in-depth understanding of the law. Compensation lawyers are there to advise you on your legal rights and entitlements. At Perth City Legal, we assist you through the whole workers compensation claim process, from assessing your case right through to reaching a successful outcome.
Some of the benefits of engaging compensation lawyers for your case:
- Thorough assessment of your case and determination of your entitlement rights
- Assistance with the whole claim process, such as submitting a WorkCover claim, etc..
- Appeal of rejected WorkCover WA claims
- Legal support in case problems or disputes arise with your employer or their insurer
- Help if your payments are stopped
Is my employer obliged to keep me employed while I can’t work?
Employers are required to keep injured staff members employed for 12 months from the time the employee receives notification of entitlement for regular compensation payments. Exceptions may apply if a worker cannot carry out the work in a reasonably practicable way anymore or if the employer can find alternative work for the employee.
Could I lose my job or miss out on future employment if I make a claim?
There is a legitimate concern among injured workers that making a workers compensation claim could impact their current employment or future job prospects.
Firstly, if you have suffered injury or illness and are entitled for compensation, losing your job or concerns about future employment should never be a reason to stop you from making a workers compensation claim.
While under certain circumstances employment can be terminated for employees who sustain long-term injuries and aren’t able to carry out pre-injury duties in the same way anymore, there are strict laws protecting employees.
As for your future employment prospects, discrimination against someone who has exercised their own workplace rights, such as making a workers compensation claim, is unlawful. Federal Fair Work legislation protects employees and job seekers against discrimination.
Contact an Experienced Western Australian Workers’ Compensation Lawyer
If you are in Perth or Western Australia and require legal advice regarding issues related to Workers’ Compensation, call us for assistance and speak to one of our experienced lawyers on (08) 9486 8088.