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Injury Claim Frequently Asked Questions
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What if I am partially at fault ?
Yes, you may still be entitled to compensation even if you are partially at fault for the accident occurring. Generally, your compensation will be reduced in accordance with how much your negligence contributed to the accident.
How long will it take?
The length of your claim usually depends on your medical progress. We wait until you have reached a stable point of recovery so that your long term medical and financial circumstances can be properly assessed before attempting to resolve your claim. Generally, it takes around 12 months minimum for a person’s injuries to reach a stable point, providing there is no surgical intervention or other interruptions to recovery.
Who do I claim against?
In Western Australia, all registered vehicles are required to have what is known as Compulsory Third Party Insurance (CTP), which covers compensation for personal injury claims. Therefore, in most circumstances you will be claiming against the Insurance Commission of Western Australia (ICWA) as the CTP Insurer, rather than the negligent driver personally.
Do I need to go to trial?
It is not necessary to go to trial to resolve your claim for compensation. In fact, most cases do not proceed to trial and rather are resolved by negotiation.
Am I covered by workers compensation?
In accordance with Workers Compensation and Injury Management Act 2023, employers MUST have workers compensation insurance for anyone they employ who the legislation defines as a ‘Worker’ including working directors, labour hire workers, contractors, sub-contractors and others. If you are unsure whether you are covered by Workers Compensation Insurance, book in for your free, no obligation first consultation to advise you of your rights.
What types of injuries are covered?
As per the Workers Compensation and Injury Management Act 2023, a personal injury by accident is an injury from employment if the injury arises out of or in the course of the employment or while the worker is acting under the employer’s instructions. This definition may include physical and psychological injuries, diseases and illnesses as well as the recurrence, aggravation or acceleration of a pre-existing injuries or illnesses.
How long will it take?
The length of your claim will generally depend on your medical progress. We wait until you have reached a stable point of recovery so that your long term medical and financial circumstances can be properly assessed before attempting to resolve your claim. Generally, it takes around 12 months minimum for a person’s injuries to reach a stable point, providing there is no surgical intervention or other interruptions to recovery.
Can I be dismissed while I’m not able to work?
Whilst you employer is expected to keep your job open or provide alternative employment for 12 months following your injury or provide alternative employment if reasonable, they can terminate your employment within this 12 month period. However, this does require your employer meeting specific notice requirements in order to do so. Your Workers Compensation entitlements may also continue if you are dismissed within this period. For further information on your rights, we recommend booking in for your free, no obligation first consultation.
How long will it take?
The length of your claim will generally depend on your medical progress. We wait until you have reached a stable point of recovery so that your long term medical and financial circumstances can be properly assessed before attempting to resolve your claim. Generally, it takes around 12 months minimum for a person’s injuries to reach a stable point, providing there is no surgical intervention or other interruptions to recovery.
Who do I claim against?
Public Liability claims are generally made against either the owner of the premises or the occupier, who is the person who has control of the premises. These owners and occupiers can be in the form of Public Authorities, Private Entities, Local Councils and Third Party companies amongst others.
Crash report
Easily access official crash reports to gather important details about your accident.
These reports can help support your claim and provide clarity on what happened.
Click below to find your crash report and take the next step in your case
Pain and suffering threshold
Not all injuries qualify for pain and suffering compensation—learn why.
This resource explains thresholds, eligibility, and how damages are assessed.
Get the facts to see if you can claim for pain and suffering after a crash.
Guide for Motor Vehicle Crash Victims
If you’ve been injured in a crash, knowing your rights is crucial.
This guide walks you through the claims process and what to expect.
Download now to learn how to protect your interests and seek compensation.
First Certificate of Capacity
Your recovery starts with this certificate, which outlines your work capacity.
It’s a key document required to support your workers’ compensation claim.
Download now to ensure your claim gets off to the right start
Claim Form
Filing a claim correctly is the first step toward receiving compensation.
This form helps you provide the necessary details to get your claim processed.
Download the official claim form and start your application today.
A Guide for Workers
Injured at work? This guide explains your rights and the claims process.
Learn what support is available and how to navigate your claim smoothly.
Download now to ensure you get the benefits you deserve.
Return to work obligations
Returning to work after an injury comes with important legal considerations.
This guide explains employer and employee responsibilities during recovery.
Download now to understand your rights and obligations when going back to work.
Indexation workers comp payments
Your workers compensation entitlement to income compensation, medical and health expenses and rehabilitation expenses are goverened by the Workers Compensation and Injury Management Act 2023. Please see the attached index for more information