How Western Australia values an injury
There is no single payout figure for an injury. In Western Australia the amount depends first on which scheme applies, because each sets its own rules for what can be claimed and how pain and suffering is scored.
Road accidents
Pain and suffering is only payable if your injury is assessed above 5% of a most extreme case, and it is capped (around $485,000 from July 2024, indexed). Income loss is capped at three times WA average weekly earnings.
Work injuries
No-fault statutory benefits: income compensation, medical and rehabilitation expenses, and a lump sum for permanent impairment calculated against the General Maximum Amount (indexed each July). A common law damages claim against a negligent employer needs a permanent whole-person impairment of at least 15% and a registered election to retain the right to sue. Court proceedings are subject to the 3-year limit.
Public liability and medical negligence
You must prove the occupier or business breached its duty of care. General damages have a threshold and a cap that are indexed each year. The 3-year limitation period under the Limitation Act 2005 applies, running from when you knew of the injury.
The parts of a payout
- General damages for pain, suffering and loss of enjoyment of life. This is what the calculator above estimates, and it is the part most affected by state thresholds and scales.
- Past and future economic loss: lost wages so far, reduced earning capacity for the rest of your working life, and lost superannuation. For serious injuries this is usually the largest component and can run to seven figures.
- Treatment, care and equipment: past and future medical costs, rehabilitation, aids, home and vehicle modifications, and the value of care from family.
What moves the number
Your age and occupation, because future income loss is calculated to retirement. Whether the injury is permanent and how it scores under the state’s impairment or injury scale. Any contribution you made to the accident, which reduces damages proportionally. And the quality of the medical evidence: a claim settles on what can be proved, not what happened.
Time limits
Report the crash to police, notify ICWA as soon as practicable, and lodge a notice of intention to claim. Court proceedings must start within 3 years of the accident (6 years for children under 15). Work injury claims have their own lodgement step: Report the injury to your employer, get a WorkCover WA certificate of capacity from your doctor, and lodge the claim form with the employer. The insurer has a set time to accept or dispute.
