WA

Workcover resources – Western Australia (WA)

W.A. WorkCover – WA’s state governement statutory authority responsible for the regulation and administration of the workers’ compensation system in Western www.workcover.wa.gov.au

Legislation administered by WorkCover WA includes the:

Workers’ Compensation and Injury Management Act 1981

Employers Indemnity Policies (Premium Rates) Act 1990

Employers’ Indemnity Supplementation Fund Act 1980

Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986

Workers’ Compensation (Common Law Proceedings) Act 2004

Workers’ Compensation and Injury Management (Acts of Terrorism) Act 2001

Other Legislation & Rules

Workers’ Compensation and Injury Management Regulations 1982

Workers’ Compensation and Injury Management (Scale of Fees) Regulations 1998

Workers’ Compensation Code of Practice (Injury Management) 2005

Workers’ Compensation (DRD) Rules 2005

Who is entitled to pursue a Workers Compensation Claim in WA?

To pursue a Workers Compensation Claim in the state of Western Australia you have to be established as a worker by the insurance company and your employer. You also have to have sustained the injury in the workplace in Western Australia.

Workers Compensation Claim in Western Australia are managed by WorkCover Western Australia.

What are my limitations in WA?

To pursue a Workers Compensation claim you must report the accident to your employer straight away and see your doctor for diagnosis and treatment of your injury.

You must lodge your Western Australia Workers Compensation Claim within 3 years from your date of injury, if longer than 3 years you will not be entitled to make a claim and your claim will become statue barred.

What legal entitlements that I should receive in compensation?

After your claim has been accepted by WorkCover Western Australia, the entitlements that you may receive in compensation will include a percentage of your wages, and medical treatment approved by WorkCover. Please keep it mind that WorkCover Western Australia can cut your repayments significantly after a period of time while on Workers Compensation in Western Australia. WorkCover Western Australia may also pay for your medical, hospital and rehabilitation expenses.

When can I pursue a Common Law Claim?

To pursue a Common Law Claim in the state of Western Australia you need to have lodged you statutory claim through WorkCover Western Australia and has been accepted. To pursue a Common Law Claim liability has to be established that the accident was not caused by you or you were not at fault. You need to have sustained an injury that may leave you with a permanent disability and have incurred medical expenses.

Seeking advice about pursuing a Common Law Claim is definitely a positive and necessary approach to take as the insurance companies do not take your past and future losses into account and also pain and suffering which can be done in a Damages Claim.