What Is Workers Compensation?
Workers Compensation in Western Australia is a mandatory, no fault, legislative insurance scheme that can provide medical and/or financial assistance to a Western Australian employee who suffers a work related injury causing incapacity or death:
- The Workers’ Compensation and Injury Management Act 1981 (WA) (‘Act) dictates the rights and obligations of the employer, injured worker and the workers comp insurer. The Act also sets up the managing authority WorkCover WA and the subsidiary legislation sets the rules for all parties including the Conciliation and Arbitration services.
- In Western Australia your employer is required by law to hold workers compensation insurance (or be a registered self insurer) to cover the cost of wages (weekly payments), medical treatment and rehabilitation (statutory expenses) while you continue to have an incapacity.
- The definition of ‘injury’ is wide and does not necessarily require a specific incident (accident) as a pre-existing condition that is aggravated or accelerated as a result of your work may also entitle you to workers compensation.
- You are generally not covered for workers compensation when travelling between your home and work, however, this is not as straight forward as it used to be so, if it is cited as a reason for your claim being denied, you should seek legal advice to make sure.
Who is Covered By the Workers Compensation Act In WA?
Generally if you are employed in a full-time, part-time or casual job in Western Australia your employment is ‘connected to the State’ and you are covered by the Act if you are injured at work. This may be the case even if the injury itself occurred interstate or overseas.
- It is not unknown to have some contractors who think they are not covered for workers compensation find out, after an investigation into the way in which they have been contracted, that they are more likely an employees and if so the Act will apply.
What Can You Do To Protect Yourself Now
While the information in these pages is relevant to your claim you could speak to a lawyer obligation free and at no cost instead of spending the next week looking around the web for more concise information.
It’s easy, you can call us on 08 6143 5200 or fill out an enquiry form here and we would be happy to discuss your claim, at no cost to you, over the phone or at your free appointment.
We guarantee that you will not have to pay for your consultation and if you are eligible for our No Win No Fee Solution* (as most work injuries are) we can continue to help you through the life of your claim without you having to pay for our legal advice out of your own pocket.
If you have already spoken to other lawyers about workers compensation and they haven’t been able to take on your claim please give us a call to see if we can help you.