Myth 1: You Can’t Claim Workers Compensation If The Injury Was Your Fault
This is one of the most common misconceptions. You can still lodge a workers comp claim even if you made a mistake that led to your injury. The workers compensation scheme is based on a no-fault principle. This means an injured worker does not need to prove that anyone was at fault or negligent in order to make a claim. Instead, the focus is on whether the injury arose out of or in the course of employment.
There are exceptions, but they are mostly limited to serious wilful misconduct, drugs or alcohol impairment, and also to some extent failure to use protective gear supplied by the employer to you (factual circumstances matter).
Myth 2: Casual Workers Are Not Covered
Workers compensation applies to casual, part-time and full-time employees. The nature of your hours does not remove your entitlement as long as you meet the definition of a worker. Casual workers are often the most vulnerable to misinformation regarding workplace injuries. In reality, they have the same right to claim for an injury as other employees.
Myth 3: Your Employer Decides If Your Claim Is Approved
Once you submit a WorkCover Claim Form and Certificate of Capacity, the employer passes these to their insurer. The insurer is the one who assesses the claim and decides whether to accept or deny it. Employers are only responsible for forwarding your claim to their insurer within 7 working days and supporting return-to-work processes. They do not make the final decision on liability.
Myth 4: Workers Compensation Involves Suing Your Employer
A standard workers compensation claim is different from a common law claim. Workers compensation is an insurance system designed to provide statutory benefits without needing to sue your employer. However, an injured worker can pursue a common law claim if their injury is due to serious employer negligence. These claims are typically handled through the court system, which is more complex and time-consuming.
Learn More: What’s the Difference Between Personal Injury and Workers Compensation Claims
Myth 5: You Can Get Fired For Making a Workers Comp Claim
Many workers hesitate to lodge a claim because they fear losing their jobs. Making a legitimate claim does not give an employer free grounds to terminate your employment. There are protections in place that prevent employers from taking adverse action simply because you have made a workers compensation claim.
In Western Australia, employers are required to hold your position for 12 months starting from the day you qualify for weekly compensation. If they are unable to keep your original job open, they are required to provide you with a position that is comparable in status and pay, and that you are qualified and capable of performing. If your employer wishes to terminate your employment during the 12 months, they must give you and WorkCover WA 28 days’ written notice.
Myth 6: Returning to Work Ends Your Compensation
Returning to work does not automatically close your claim. If you haven’t returned to your full pre-injury duties and hours, you may still be entitled to compensation payments. Injured workers can participate in a Return to Work Program as part of their rehabilitation. These plans are still part of the workers compensation system and are not a sign that your entitlements have ended.
Learn More: Returning to Work After a Workplace Injury
Myth 7: Workplace Injuries Can Only Occur on the Job Site
A workplace injury is not limited to a physical job site. Injuries can occur in different environments as long as they are connected to your employment. You may be covered while working off-site, attending a meeting, travelling for work or performing duties away from your usual workplace. The key factor is the link to your employment, not the location itself.
Myth 8: You Only Need a Lawyer If Your WorkCover Claim is Rejected
Legal advice is useful and recommended during every stage of the workers compensation process. You have the right to seek legal representation for your claim, regardless of whether it’s accepted, rejected, pending or hasn’t even been lodged yet. Consulting with a workers compensation lawyer can help you navigate the WA legal system to get the compensation you are entitled to.