Your Guide to Workers’ Compensation in Western Australia
Accidents at work can happen in an instant, but the consequences can last far longer. Employers have the greatest duty of care relationship and that is to ensure a safe working environment for its employees.
Whether it’s a minor injury or a serious incident, the law provides protections and opportunities for compensation for these injuries. As a law firm dedicated to protecting workers’ rights, we believe that understanding the claim process is the first step toward securing the compensation you deserve. More importantly, having experienced legal representation can make the difference between a smooth claim and one riddled with delays or disputes.
While the process can seem daunting, this article aims to provide some guidance and answer queries on the Western Australia worker’s compensation process.
Western Australia’s worker’s compensation is governed by the Worker’s Compensation and Injury Management Act 2023. The compensation scheme is administered and regulated by the government agency, WorkCover WA.
All employers are required to have an insurance policy for workers injured at work requiring medical treatment or time off.
Your employer does not need to be at fault for you to make a claim under the scheme. You are entitled to benefits such as weekly payments, rehabilitation costs, and medical expenses, regardless of fault.
Once an injury occurs at work, you should do the below:
First step involves a prompt and clear report of the injury to your employer. This should be done as soon as possible and within 24 hours. This way your claim will have a clear record of the incident.
You should then seek medical treatment and obtain a First Medical Certificate / First Certificate of Capacity from your doctor which outlines the nature of your injury, whether you are fit for work and what necessary medical treatment you require.
After informing your employer and receiving the Certificate, you must fill in a Worker’s Compensation Claim Form. This can be found here or you can request your employer to provide for you.
Your employer then has 7 days to complete their portion of the form and forward it onto the insurer.
From the date your employer sends the completed compensation form, the insurer has 14 days to make a decision about the claim. If the insurer does not make a decision or fails to defer the decision within those 14 days and your acceptance day has passed, your claim is taken to be accepted. From that point, you are able to begin receiving entitlements.
If the insurer does not make a decision within 28 days of receiving your claim from the insurer, the insurer will contact you and provisional payments will commence
Where the insurer rejects your claim, you are entitled to challenge the decision through WorkCover which is where legal expertise becomes vital. Chamberlains will be able to advocate on your behalf and navigate disputes which may arise.
Worker’s compensation is not solely financial assistance but also focused on injury management and rehabilitation. Employers & Insurers must provide a return to work plan in collaboration with doctors and if necessary, other specialists. This is designed to ensure that when you return to work, you are not required to perform duties you are not capable of. However, this can cause dispute and disagreement about what duties are appropriate. Chamberlains is able to step in and ensure that you are not pressured into resuming work you are not medically fit or ready to.
Chamberlains will provide a dedicated legal team who are able to provide you guidance from the onset and ensure all your forms and documentation are complete and accurate. We will advocate on your behalf with WorkCover WA and with the insurers. In doing so, we will ensure that you are able to maximise the entitlements you obtain and ensure that your role is protected should you be able to return to work. Chamberlains will shoulder the legal burden so you can focus on healing.
Worker’s compensation claims are not just paperwork. They are about your livelihood, your health, and your future. While the system is designed to support injured workers, insurers and employers often have their own interests. A dedicated legal team will ensure that your interests remain front and centre.
Chamberlains can provide you advice as to whether you have access to common law claims as a result of your work accident but contact us as soon as practicable because there are time limits..
If you or someone you know have suffered a workplace injury, contact us for a confidential consultation. We will explain your rights, assess your claim, and provide the guidance to secure the compensation you deserve.
If you have been injured and seeking compensation in WA contact Sarah Hayman on 1300 676 823