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
Frequently Asked Questions
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
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.
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.
If you have been injured at work, suffered an illness related to your work or required time off work or medical treatment for any condition caused by your work, you may be entitled to claim workers compensation according to the law in WA.
If you think you are entitled to claim workers’ compensation, you should speak to specialist workers compensation lawyers in Perth. At Perth City Legal, we are completely dedicated to workers compensation law, and we have dealt with an extensive variety of claims. As such, we will be able to give you the professional advice you need.
To qualify for workers compensation, you have to be defined as a worker. This definition includes part-time, casual and seasonal workers, not just full-time employees.
However, if you are a freelancer, contractor or sub-contractor, you might not automatically qualify. It is worth seeking the advice of workers compensation lawyers in WA to see whether you can proceed with a claim you want to make.
If you have had an accident or been injured at work and you think you have a claim for workers compensation, it is extremely important that you report your claim as quickly as possible – ideally, straight away. The law in WA gives you 12 months from the date of your injury to make your claim. However, the longer you take to report it, the easier it is for an insurance company to decline your claim or try to refuse part of your compensation.
You need to speak to a workplace accident lawyer as quickly as you can following your accident or injury. If it occurs on a Friday, don’t even leave it until after the weekend as this could affect the amount of compensation you ultimately receive.
If, however, you want to make a claim but you failed to report your accident at the earliest opportunity, we might still be able to help you. Please contact us so we can find out more about your situation.
If you are not able to work as a result of your situation, and your claim for workers compensation is accepted, you are entitled to payments for loss of wages. Your employer has to make these payments weekly, on the day you would normally get paid and in the same manner as you would normally receive your wages.
You are entitled to receive these payments until any of the following scenarios apply:
- You go back to work.
- You are declared fit for work by your doctor.
- You finalise your compensation claim via a settlement.
- You give your permission for the payments to stop.
- You register a common law claim for your injuries.
- You reach the maximum limit on your payments.
If you feel you are entitled to weekly payments but your employer is not paying them, you should call worker compensation lawyers such as Perth City Legal to help you receive the money you are entitled to.
Yes – if you are entitled to annual leave or long service leave, this is not affected by your being on workers compensation. You can take your leave just as you would if you were at work. If your employer asks you to waive your right to your workers compensation payments for a period when you are on leave, you should be aware you are not required to do this.
However, you are not entitled to take sick leave while you are receiving your weekly workers compensation payments.
If you are unsure of any of your rights regarding taking leave while on workers compensation, contact our team of expert workers compensation solicitors, who will be able to help you.
Yes – if you are injured at work, you will be able to claim for the cost of any medical treatment you need as a result of your injury. This doesn’t just cover the cost of your medication – it also covers a wide variety of other medical treatments, including:
- Dental treatment
It is also important to remember you have the right to choose who treats you – the doctor cannot be specified by your employer’s insurance company.
If you are in any doubt about what medical treatment you are entitled to claim for, please call us. As a specialist workers compensation law firm, we can give you all the advice and support you need.
There are often cases where a workers compensation claim is disputed. This can happen for various reasons. For example, you might be unhappy with the amount of compensation you are receiving, or your employer’s insurance company is refusing to cover the cost of your medical treatment.
If there is a dispute arising from your claim for any reason, and you need to involve Workcover, you need to enlist the services of a good workers compensation law firm like Perth City Legal. We will be able to represent you and give you all the advice you need in order to achieve the best outcome for you.
If you have made a claim for workers compensation that has been declined, this is not the end of the process. You have the right to apply to Workcover for conciliation. Once you have done this, you will receive a date for your conciliation conference, which you are required to attend, along with your employer’s insurance company and their lawyers, so the dispute can be resolved.
If you can prove that you are ill or injured as a result of doing your job, it is worth applying for conciliation. To achieve the best results, we recommend that you consult with an experienced lawyer for work injury. They will be able to help you provide all the evidence you need.
If you suffer from a mental illness such as depression or anxiety as a result of doing your job or conditions in your workplace, you might be entitled to workplace compensation. You will need to prove that your condition exists as a result of your treatment at work, and your case will be stronger if you can be seen by a doctor as quickly as possible.
You can also be compensated for your distress if you are being bullied or sexually harassed at work. The law in WA is very clear that all types of bullying and sexual harassment in the workplace are unlawful. It doesn’t matter if the incidents are physical or emotional – both can qualify as bullying or sexual harassment.
If you feel you are being treated unfairly or discriminated against at work, or if you are being subjected to behaviour that makes you feel uncomfortable, you might have a claim for workers compensation. You should speak to specialist compensation lawyers in Perth such as Perth City Legal, who will be able to advise you further.
If you drive as part of your job and you are involved in a road accident during the course of your work, you might be entitled to compensation. In WA, the law regarding road accidents states that you can make a claim if you are injured in a road accident even if the accident was partially your own fault.
If you have been involved in a motor vehicle accident and you are unsure what type of compensation you can claim for, you should speak to our team here at Perth City Legal. As specialist accident compensation lawyers, we can give you the best advice based on your individual circumstances.
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.