What Sort Of Injuries Are Covered By The Workers Compensation Act WA?
To give you an idea of the way in which the Act deals with the definition of injury we have included it below, however, if you read on you will see that despite the wording of the Act there is a bit more to it.
The Workers Compensation and Injury Management Act 1981 defines ‘injury’ as follows:
- a personal injury by accident arising out of or in the course of the employment, or whilst the worker is acting under the employer’s instructions;
- a disease because of which an injury occurs under section 32 or 33 (some industrial diseases);
- a disease contracted by a worker in the course of his employment at or away from his place of employment and to which the employment was a contributing factor and contributed to a significant degree;
- the recurrence, aggravation, or acceleration of any pre-existing disease where the employment was a contributing factor to that recurrence, aggravation, or acceleration and contributed to a significant degree;
- a loss of function that occurs in the circumstances mentioned in section 49 (noise induced hearing loss, compressed air illness or effects of vibration);
- but does not include a disease caused by stress if the stress wholly or predominantly arises from: a. the worker’s dismissal, retrenchment, demotion, discipline, transfer or redeployment; b. the worker’s not being promoted, reclassified, transferred or granted leave of absence or any other benefit in relation to the employment; unless it is unreasonable and harsh on the part of the employer.
So What Is An Injury?
Despite what you have read above the definition of ‘injury’ is wider than it looks. For example many people reading the Act might think that an injury requires a specific accident (single incident) to take place, but this is not the case.
An example of an injury that wouldn’t have a specific incident is a repetitive strain type injury or an injury cause through the extended use of vibration tools such as jackhammers or air chisels.
We have a list of the types of injuries that can occur in the workplace and for which you could be covered for workers comp but it is not exhaustive as just about any injury, disease or condition can be incurred in the workplace.
If you believe your employment has caused your injury but your claim has been denied you should speak to a lawyer as soon as possible.
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.