1.   Who can claim workers’ compensation?

All employees (workers) in Western Australia have workers’ compensation entitlements even if the injury was partly their fault.

Even some sub-contractors (subbies), part-timers and casuals can claim such entitlements.

2.   Does the injury have to be during work?

Yes, and injuries while you were not physically at the work place may also be included. 

However, except in certain cases, travelling from home to work and return is not covered by workers’ compensation.

3.   What do I do when injured at work?

      (a)     Report the injury immediately to your employer in any incident book.

      (b)     See a doctor (this is really very important).

      (c)     Telephone us on 9325 6133 for free advice before you fill in any claim forms
                or sign anything.

4.    Are there time limits within which to submit a claim?

Yes, since 5 October 1999, there is a time limit of less than 6 months.  In fact unless you get legal advice immediately, it will be too late if you wait for the 6 months.  If you do not progress a legal claim (not just reporting a workers’ compensation claim) immediately then you may lose your right to claim.  Call us on 9325 6133 immediately.

5.    Can my weekly payments be reduced or stopped?

Yes, reduction may occur automatically after 4 weeks from the date of your injury.  Also, the insurer may seek to stop your weekly payments.  This is complicated and you should call us on 9325 6133 for free telephone advice now.

If you do receive a notice that the insurer intends to reduce or stop payments, you should telephone us immediately for free advice.

6.    What about medical bills?

The workers’ compensation insurer should pay all medical, physiotherapy and medication bills but this too may be stopped if challenged by the insurer.

7.     Am I entitled to a lump sum payment?

There are 2 types of lump sum payments, a workers’ compensation “redemption” and a “common law” damages lump sum.

Both depend on your level of disability.  A lump sum payment is best negotiated urgently because in most cases delay will reduce it.

8.     Besides claims under the Workers’ Compensation Act do I have any further claims against my employer?

Yes, this is the common law damages claim.  If it can be shown that your injuries were caused by your employer’s negligence or where your employer breached the Occupational Health, Welfare and Safety Act.

Delay may jeopardise your claim.  You should call us for free telephone advice immediately.

9.     Superannuation  Disability Claims.

Your injury may entitle you to a lump sum payment under your occupational Superannuation Plan.  Call us for advice.

10.   What about legal costs?

We offer free initial telephone advice on 9325 6133.

Your first consultation is free if you do not proceed with us.  Normally we do not require payment of fees until the completion of your claim.  We may even be able to help you with legal expenses (Court fees and medical reports fees) while we help you make a claim.