Workers Compensation Claims in Western Australia (WA)

Each state has their own rules and regulations for claims that can be made for an injury sustained at work. 

An injury under WorkCover Western Australia is classed as;

• injury resulting from an accident, during employment or after instructed by an employer
• a disease that disables the body
• disease occurring due to employment conditions or environment during the period of employment , or the reappearance or re aggravation of a disease that pre-existed and the employees employment has contributed a considerable degree.

After sustaining an injury at work you are required to as stated by WorkCover Western Australia;

• Report the injury to your employer
• See your doctor and ask for a specific ‘First Medical Certificate’
• Fill out a Workers’ Compensation Claim Form. (see attached)  If you are unable to comlete the form, discuss the claim with your employer or contact contact Advisory Services.
• Make copies of the documentation for yourself and so you can provide copies to your employer.
• according to legislation your employer must forward the claim application along with the medical certificate to their insurer.

There is a 14 day period where you insurer will process your claim and must advise you of the out come.  You claim will either be accepted, investigated further, or disputed.  This is why it is necessary to obtain legal advice after sustaining an injury. 

After you claim has been lodged and accepted you may be entitled to:

• paid medical treatment expenses
• compensation for economic loss 
• rehabilitation expenses so you can return to work
• other out of pocket expenses, eg travel.

Depending on the severity on your injury you will either receive a rehabilitation program so you can gradually return to work or you may require more time off work for more serious injuries. 

If you have an ongoing or permanent injury then you may be entitled to a Common Law Claim.  You will be required to attend an assessment to determine if you reach these thresholds. 

Please seek legal advice today so you can find out more about your individual rights.   

Disclaimer: Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriately qualified lawyer.