How do I know if my claim entitles me to workers’ compensation?
Once you have lodged a claim, the workers’ compensation insurer will make a decision as to whether liability is accepted or denied, or whether further information is needed to make a decision.
Who is entitled to claim for workers’ compensation?
1. You are if you are a permanent, casual or seasonal worker employed from or within Western Australia. In certain situations, if you are a sub-contractor, you may also be covered.
2. You are if your injury was sustained ‘in the course of your employment’ and your employment contributed ‘to a significant degree’. These are legal tests and whether or not you are entitled to compensation will depend upon all of the circumstances of your claim.
3. Dependents of deceased workers’ may also be entitled to make a claim.
If my workers’ compensation claim is accepted by the insurer, what will I be entitled to?
If you are not considered to have sustained permanent loss of function, you can still claim:
1. Weekly payments of compensation (i.e. wages) for any periods you are certified unfit.
2. Payment / reimbursement of “reasonable” treatment and travel expenses.
3. Funding of a vocational rehabilitation program if you are unable to return to your full pre-injury duties. Note: There is a maximum amount available for each of these categories – please contact us for current maximum amounts.
4. If a specialist considers you have sustained a permanent loss of function of a part of your body as a result of your injury, you may be entitled to a further lump sum payment. We can provide you with advice on settlement and assist you with the negotiations for a reasonable lump sum.
How much workers’ compensation am I likely to receive?
Successful claims range from arrears of wages for closed periods, plus payment of treatment expenses, to lump sums up to $200,000 for Workers Compensation and significantly more for a successful common law claim.
What if I believe my injury or illness was sustained as the result of negligence by my employer? Could I be entitled to more compensation?
If we can prove your injury was caused by an unsafe system of work, or unsafe/inadequate equipment, you may be able to pursue a negligence/common law claim for damages against your employer. Often this type of claim can be worth at least twice as much as a workers' compensation claim.
However, strict time limits apply, generally one year from the accident in common law/negligence claims, so contact us now for instant advice on timeframes. Negligence claims can result in significantly higher awards for damages than workers' compensation claims.
How much will legal fees cost?
Our legal fees are charged according to the appropriate Court Scale, which is a system ensuring fees are capped and fair, or we will agree an hourly rate with you.
If your claim is settled at a settlement conference, usually we will accept the contribution the insurer makes towards your legal fees and you will not have to pay anything. This is usually a sum of between $4,000 - $6,000.
If Court Proceedings are commenced, or your case proceeds to a Trial or Hearing, we will discuss the risks and amounts you may have to pay if you lose.
Members of certain Unions do not have to pay any legal fees.
Do I have need to see a particular doctor or medical practitioner to get my First Medical Certificate?
You are entitled to choose your own medical practitioner for treatment and management of your work related injury/illness.
However, the insurer may require you to attend an independent medical practitioner for review. You are required to attend these appointments. The practitioner will usually be asked to provide a written report to the insurer. You are entitled to receive a copy of the report.