Western Australia’s Compensation Laws

Personal Injury & Workers Compensation Claims

Western Australia’s Compensation Laws

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    Workers Compensation Injury Laws

    OSH laws are designed to create and maintain safe workplaces. WA OSH laws are found within the OSH Legal Framework that consists of: The OSH Act; The OSH Regulations; Supporting information such as Codes of Practice, Standards and Guidance Notes.

    W.A. WorkCover
    WA’s state governement statutory authority responsible for the regulation and administration of the workers’ compensation system in Western Australia. See WorkCover WA.

    Legislation administered by WorkCover WA includes:
    Click on the PDF icon to download – Workers’ Compensation and Injury Management Act 1981

    Click on the PDF icon to download – Employers Indemnity Policies (Premium Rates) Act 1990

    Click on the PDF icon to download – Employers’ Indemnity Supplementation Fund Act 1980

    Click on the PDF icon to download – Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986

    Click on the PDF icon to download – Workers’ Compensation (Common Law Proceedings) Act 2004

    Click on the PDF icon to download – Workers’ Compensation and Injury Management (Acts of Terrorism) Act 2001

    Other Legislation & Rules:

    Click on the PDF icon to download – Workers’ Compensation and Injury Management Regulations 1982

    Click on the PDF icon to download – Workers’ Compensation and Injury Management (Scale of Fees) Regulations 1998

    Click on the PDF icon to download – Workers’ Compensation Code of Practice (Injury Management) 2005

    Click on the PDF icon to download – Workers’ Compensation (DRD) Rules 2005

    Who is entitled to pursue a Workers Compensation Claim in WA?
    To pursue a Workers Compensation Claim in the state of Western Australia you have to be established as a worker by the insurance company and your employer. You also have to have sustained the injury in the workplace in Western Australia. Workers Compensation Claim in Western Australia are managed by WorkCover Western Australia.

    What are my limitations in WA?
    To pursue a Workers Compensation claim you must report the accident to your employer straight away and see your doctor for diagnosis and treatment of your injury. You must lodge your Western Australia Workers Compensation Claim within 3 years from your date of injury, if longer than 3 years you will not be entitled to make a claim and your claim will become statue barred.

    What legal entitlements that I should receive in compensation?
    After your claim has been accepted by WorkCover Western Australia, the entitlements that you may receive in compensation will include a percentage of your wages, and medical treatment approved by WorkCover. Please keep it mind that WorkCover Western Australia can cut your repayments significantly after a period of time while on Workers Compensation in Western Australia. WorkCover Western Australia may also pay for your medical, hospital and rehabilitation expenses.

    When can I pursue a Common Law Claim?
    To pursue a Common Law Claim in the state of Western Australia you need to have lodged you statutory claim through WorkCover Western Australia and has been accepted. To pursue a Common Law Claim liability has to be established that the accident was not caused by you or you were not at fault. You need to have sustained an injury that may leave you with a permanent disability and have incurred medical expenses.

    Seeking advice about pursuing a Common Law Claim is definitely a positive and necessary approach to take as the insurance companies do not take your past and future losses into account and also pain and suffering which can be done in a Damages Claim.

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    Motor Vehicle Accident Compensation Injury Law

    Who is entitled to a Motor Vehicle Accident Claim in WA?
    If an individual who was injured in or by a motor vehicle accident as a passenger, driver or a pedestrian the state of Western Australia may be entitled to pursue a Motor Vehicle Accident Claim. What should I do legally after my accident?

    You should take down as many details of the other driver and also provide them with details of where the accident occurred, registration and insurance details and details of any witnesses.

    You also need to advise the police of the accident, what happened; whose fault you believe it is when and where it occurred. This is very important as if you fail to do so then this may affect your entitlement to lodge and to claim compensation for your injuries sustained in the Motor Vehicle Accident.

    You then need to lodge your claim form with the person at faults insurance company as soon as you can. If the insurance company is unknown you can simply advise your insurer and they will advise you further.

    What entitlements should I receive in compensation?
    Once your claim is accepted by the insurance company they will immediately pay for your medical expenses and also the time you are having off work if you were employed at the time of the accident. If the injury/illness sustained in the car accident has left you with permanent damage then you may be entitled to a lump sum payout. If you know or believe that this might be the case it is very important to seek legal advice.

    What if I my accident was between work hours?
    If you were involved in a Motor Vehicle Accident between work hours which included travelling while you are on your lunch break and while you were on your way to or from work you may be covered by your employers insurance cover as a Journey Claim. The entitled that you may receive in compensation are the same going through the person at faults insurance company or your own.

    Please note that you can still pursues a Journey Claim even if the accident was your fault. You can also run a Journey claim and a CTP claim at the same time.

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    Public Liability Compensation Injury Law

    Who is able to commence a Public Liability Claim in Western Australia?
    To be eligible to commence a Public Liability Claim in the state of Western Australia you need to have sustained an injury in a public place that was not your fault or partially your fault and have suffered some significant loss financially.

    What can a Public Liability Claim be?
    If you have suffered an injury as a result of someone else’s negligence such as a slip and fall in a public place e.g. shopping centres, cafes, restaurants.

    Some other examples may include:
    • An injury sustained caused by malfunctioning products
    • Accidents on boats and planes that wasn’t your fault
    • Accident in school grounds due to negligent car
    • Dog attacks
    • Water craft accident including Jet Ski, kayaks etc.
    • Accident on private properties

    What should I do after I have sustained an injury?
    • You should immediately advise the person at fault that you have sustained a significant injury arising from an accident on their property or near it.
    • You should consult your doctor about your injuries and obtain a medical certificate.
    • Thereafter, you then need to lodge a Personal Injury claim form with the person responsible for your injury with their insurance company
    • You legally should take photos of where you have sustained the injury as this may help to prove liability.

    What are my entitlement to claim compensation?
    Once your claim is accepted by the insurance company and liability has been approved some of your entitlements may include:
    • Payment of your medical costs and rehabilitation expenses
    • Your income payments still being paid
    • Put you in a position to commence a Damages Claim

    What are my limitations to pursue a Public Liability Claim in Western Australia?
    You have three (3) years from your date of injury and/or illness to pursue a public Liability in the state of Western Australia. Your claim will become statue barred it you have left pursuing your claim outside of the period.

    When can I pursue a Common Claim?
    To pursue a Common Law Claim you need to have lodged the claim within the 3 year limitation period and you need to be able to establish that the accident has caused you significant injury was caused by someone else’s and you were not liable for it.

    Pursuing a Common Law Claim for your potential Public Liability Claim in the state of Western Australia is your legal right and entitlement. The Common Law Claim focuses on getting you compensation in which the insurance company does not offer to you such as you past and future losses which includes:
    • Past and future economic loss
    • Past and future medical expenses
    • Pain and suffering
    • Lump sum payout