Workers Compensation Lawyer Perth
Have you suffered a physical injury, psychological injury or an illness in the course of your employment? You may be entitled to Workers Compensation for your injuries and time off work. Know your rights and what you can claim for. Speak to workers compensation lawyers in Perth you can trust.
Who Can Make a Claim for Workers Compensation?
Under Western Australian law, you are entitled to make a Workers Compensation claim if you sustain an injury or illness in the course of your employment and can be defined by law as a ‘worker’, regardless of who was at fault.
The definition of worker under the law includes full-time, part-time, casual, seasonal, piece and commission workers. It can extend to working directors, labour hire workers, contractors and sub-contractors. However, it’s important to note that volunteers do not fall under the definition of a worker.
What can you claim for?
WorkCover WA is the government agency that manages the workers’ compensation scheme in WA. This scheme ensures that workers who get work related illnesses or injuries get compensation and support to return to work safely and sustainably.
According to their Annual Statistical Report 2023/24, 1.3 million workers in WA were covered by the scheme and $1.403 billion was paid out in claims. Whether your injury is a common on the job occurrence like muscle strains and falls or more serious conditions like asbestos related diseases, we’ll work to find the best outcome and get the maximum compensation from your claim.
If you have a eligible workers’ compensation claim you may be entitled to:
01
Income compensation
02
Medical and allied health treatment expenses
03
Lump sum for permanent impairments such as spinal cord injuries
04
Workplace rehabilitation expenses
05
Travel and other miscellaneous expenses
What Steps Should I Take?
If you have sustained a work-related injury or illness, you should firstly seek medical attention immediately and obtain a First Certificate of Capacity from your GP. Next, request and complete a Workers Compensation Claim Form and submit it along with a copy of the ‘First Certificate of Capacity’ to your employer.
To understand your rights and learn how we can maximise your workers compensation claim, speak to Persich Personal Injury, your work injury lawyers in Perth.
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Contact Us for Help with Claiming Workers Compensation
Protect your rights and ensure you receive the compensation you’re entitled to with our No Win, No Fee workers’ compensation services. Our friendly team guides you every step of the way, from initial consultation to the settlement process. Enquire now online or call (08) 6288 2220 for a free, no-obligation consultation and take the first step towards supporting your recovery.
Frequently Asked Questions
Are you thinking about claiming for injury at work? If you are unsure whether you are eligible to make a workers’ comp claim, require clarity over what you can claim for, or simply need assistance completing the Workers Compensation Claim Form, contact us now and we will be happy to help.
What is workers’ compensation?
Workers’ compensation is essential, as it plays a critical role in advocating for the rights and well-being of injured workers. In WA, WorkCover WA is the government agency responsible for overseeing the workers compensation and injury management scheme. Workers compensation provides financial benefits and medical care to employees who suffer job-related injuries or illnesses. This system is designed to protect workers by offering compensation for lost wages, medical expenses, and rehabilitation costs, regardless of fault. It ensures that employees receive necessary support to return to work safely.
Am I covered by workers compensation?
In accordance with the 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 and we’ll 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 workers comp 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.
Is there a time limit on claiming workers compensation?
Generally, in Western Australia there is a 12 month time limit from the date of accident, or the date symptoms were discovered to make a Workers Compensation claim. However, there do exist exemptions to this so we recommend you contact us so that we properly can advise you of your rights.