Workers Compensation Lawyers Perth

Workers Compensation Claim Process In Perth

Navigating the workers’ compensation process in Western Australia can be challenging, especially when you’re focused on recovery. If you’re injured or develop an illness due to your work, you should notify your employer immediately and complete a Workers’ Compensation Claim Form and First Certificate of Capacity. Your employer must then forward these documents to their workers’ compensation insurer.

Once your claim is lodged, the insurer will assess your eligibility for benefits such as medical and treatment costs, rehabilitation, and weekly income replacement if you’re unable to work. It’s important to follow all procedures carefully and provide detailed documentation, as strict time limits apply under WA law.

If a dispute arises about your entitlements or the insurer’s decision, you may seek a review through WorkCover WA or obtain advice from experienced workers’ compensation lawyers in Perth. Legal guidance can help ensure your rights are protected and you receive the full compensation you’re entitled to under the WA workers’ compensation scheme.

Physical Injuries on Construction & Industrial Sites

Physical injuries are among the most common claims, particularly in sectors such as construction, manufacturing, and warehousing. These injuries often include broken bones, crush injuries, lacerations, and soft tissue damage caused by slips, trips, falling objects or equipment malfunctions. Workers in high-risk environments may also be exposed to dangerous machinery or structural hazards, leading to serious, sometimes life-altering injuries. Claims related to these incidents often involve medical expenses, time off work, and rehabilitation support.

Injuries from Slips, Trips & Falls in Office Settings

Not all workplace injuries occur in high-risk environments. Office workers and administrative staff may sustain injuries from falls due to wet floors, poorly maintained flooring, or inadequate lighting. These incidents can lead to back injuries, sprains, or head trauma, which may result in time off work and medical treatment. Although these environments might seem low risk, employers still have a duty to maintain a safe workplace under occupational health and safety regulations. In Perth, non-government workers are able to make journey injury claims. This means if you are injured on the way to work or on the way home again, you may be covered under your employer’s workers compensation policy.

Fatal Workplace Incidents & Dependency Claims

In the tragic event of a fatal workplace incident, the family of the deceased may be eligible to file a dependency claim for compensation. These claims can cover funeral expenses and financial support for dependants. The process is sensitive and can be complex, especially during a time of grief. Seeking legal assistance can help families access the support available to them while focusing on their emotional well-being. Public liability lawyers in Perth can assess the circumstances and advise on the best course of action.

Different reasons you might need to make a workers compensation claim

1. Self initiated: How to make a claim?
   First medical certificate from GP (prescribed form) and Workers Compensation Claim form (prescribed form) served on employer.

2. Employer not forwarding claim to insurer
   In rare circumstances workers are trying to lodge a claim but their employer is not giving it to an insurer or is simply uninsured. In those circumstances we can help with the next steps.
   
   
3. Insurer defers claim (cannot make a decision within 14 days of receipt)
   Often an insurer will defer a claim by issuing a deferred notice and then sitting on the claim until some later date closer to the deemed acceptance day (120 days after the claim was received). In the meantime workers receive provisional payments of income compensation and medical expenses (up to 7% of the general maximum). They are hoping that the worker will have a short closed period claim, return to work, or simply abandon their claim. If the claim appears to be more serious, they will often do a rug pull close to the end of the provisional payments period and issue a not accepted notice.

4. Insurer accepts claim but rate of pay / scope of injury / medical expenses is disputed
   a. Insurers may accept a claim for ‘medical expenses only’ or something to that extent, it is not really lawful but they give it a crack in any event.
   b. Insurers may accept a claim but drastically undercut the worker by assessing their rate of pay as being much lower than what it should be. They can do this by purposely not availing themselves of all of the relevant information, or just ignoring it.
   c. Insurers may accept a claim for some narrow definition of injury and then cry when the actual injury requires some realistic treatment that they say they never accepted liability for. (i.e. Back sprain now required fusion, meniscus injury now requires ACL reconstruction etc.)
5. Accepted claims where insurer sends something confusing to worker
   

   a. S63 Notice – gives notice of intention to cease income compensation on the basis of a return to work
   b. S64 notice – on the basis of a medical opinion the insurer sends a notice to a worker notifying of intention to cease wages on the basis of that opinion. Onus is then on injured worker to file application at WorkCover WA opposing notice within 21 days. Failure to do so gives rise to requirement to bring new application at WorkCover WA seeking a review of weekly payments (essentially starting from the beginning)
   c. S 68 application – insurer may write to the worker seeking an agreement to cease wages as they allege a genuine dispute to pay weekly payments (usually on the basis of medical evidence). 
   d. Request for declaration of earnings pursuant to s 32. A worker who makes an incapacity claim must give notice to the employer or the insurer of any remunerated work that the worker does for any other employer after the claim is made.
   e. Non-resident worker incapacity declaration – insurer can unilaterally cease compensation for a worker based out of jurisdiction that does not provide the prescribed form once every three months.
   f. Permanent impairment notice – in practice this should only ever be sent by a worker to an insurer after we organise for a review of permanent impairment compensation. When the notice is sent from the worker, the insurer then has 28 days to either agree to PI assessment or not. If they agree then the worker has that entitlement as a lump sum to resolve their claim by electing to receive the permanent impairment compensation. If they disagree they must organise an assessment of their own within 28 days of the notice. If they do nothing the PI assessment is deemed agreed.
   g. Offer of settlement for commutation.

6. Common Law entitlements
   A worker may want to sue their employer and seek common law damages. 
7. Not Accepted claims (physical)
   a. Either worker is not a worker, the injury never happened (factual basis) or happened but was not in the course of employment.
   b. The definition of worker has now been tightened to exclude any sub-contractor who is carrying out their own business with an ABN – the old extended definition rarely applies.
   c. There are rare reasons a claim will not be accepted such as ‘wilful and serious misconduct’ but they are not common.
   d. These circumstances should lead to workers immediately seeking legal advice, but regrettably some engage in the folly that is the IRDP that most insurers recommend on their not accepted notice.
   
8. Not Accepted claims (psych)
   These are often rejected by the insurers at the outset. This is usually on a factual basis and commonly with an administrative action defence.
   

Frequently Asked Questions