The Workers’ Compensation and Injury Management Act 1981 (WA) (Act) covers the rights and obligations of the employer, injured worker and the worker’s compensation insurer. Being unaware of all the entitlements your claim provides may be costly and detrimental to your health. Anvil Legal specialises in workers compensation law. We have helped many injured workers fight for their rights whilst making sure their claims go through smoothly.
By reading this article, you’ve separated yourself from claimants who aren’t taking the time to understand their rights and entitlements. Receiving the right legal advice helps you also understand the insurer/employer’s obligations and entitlements. We hope this helps you better understand the claim process and the rights and entitlements that may apply under the Act.
So you’ve been injured at work and reported it to your boss – what happens next?
Obtain a WorkCover Certificate and a Claim Form
See your own GP as soon as you can and ask for a WorkCover First Certificate of Capacity. When informing the GP about your workplace injury, it’s crucial to provide them with accurate details of the incident. The certificate will state whether you require any time off work or what restrictions you have to continue. When you fill out a Workers’ Compensation Claim, make copies of both the Certificate and Claim Form. This is for your records when you give the original documents to your employer.
For more information on filling out your form, Read of blog on how to make a WorkCover claim.
Make your claim as soon as possible
The sooner you fill out a Workers’ Compensation Claim Form and provide it to your employer the better. Your employer will have 5 days to complete their section of the Form and lodge both documents to the insurer. The insurer is required to notify you within 14 days of receiving your Claim Form. They should contact you whether the claim has been accepted or denied. They will also notify you if they are pending liability on receipt of further information. 10 days after this letter the claim is automatically in dispute.
Ensuring that your claim form is filled out as accurately and as fully as possible will make the claim process easier. You don’t want to give them any excuses to delay making a decision due to:
- Refusing to sign the consents
- Insufficient information
- Not advising of previous similar injuries (not always a bar to making a claim)
- The injury was only reported long after it happened
Returning to work
If you make a full recovery within 12 months your employer is required to provide you with your usual position. A Return to Work Program should be put in place if you are partially fit for work. These programs usually involve having restricted duties or hours. You are entitled to choose a return-to-work provider of your own. They will liaise with your employer and GP to write the plan which you need to agree with and sign. If you do not participate in the agreed Program, your insurer/employer may try to stop or reduce weekly payments. Your employer is required by the Act to provide you and WorkCover with an ‘intention to dismiss worker’ notice if they decide to dismiss you while you are incapacitated. They must provide this notice 28 days prior to it taking effect.
Common Law Claims
If the injury you sustained was a result of negligence by your employer, you may have the right to lodge a claim against them seeking damages. To lodge a Workers Compensation Common Law Claim, you must be able to establish that:
- You have at least a 15% whole-person impairment (WPI). This is assessed by a WorkCover registered doctor and registered at WorkCover; and
- Negligence by the employer or their agents causing you injury and damage
Permanent Impairment (Schedule 2)
If you sustained permanent impairment due to your injury you may also be entitled to a lump sum compensation payment. This requires assessment by a WorkCover registered doctor stating that your injury has stabilised and you have been left with a permanent impairment.
Speak to a Workers Compensation Lawyer in Perth
Workers compensation insurers rarely inform injured workers of all the rights accepted claim affords them. This may leave some people short in their weekly payments and medical expense entitlements. It is best to seek legal advice to make sure you get everything you are entitled to receive.
At Anvil Legal Workers Compensation Lawyers Perth, if you appoint us it generally won’t cost you anything out of pocket. We make sure our clients are receiving all they are entitled to receive. You do not have to pay for your initial consultation. If you already have a claim and would like to speak to a lawyer, don’t hesitate to contact Anvil Legal today. We will help answer any questions relating to your claim.