How compensation works in Western Australia
Every state runs its own schemes, and Western Australia is no exception. Which one applies depends on where you were hurt, not how badly: a crash goes through Insurance Commission of WA (ICWA) compulsory third party, a work injury through WorkCover WA under the Workers Compensation and Injury Management Act 2023, which replaced the 1981 Act on 1 July 2024, and an injury on someone else’s property or in a public place is a negligence claim under Civil Liability Act 2002 (WA) for slips, trips, falls, dog attacks and injuries on someone else’s property. Our panel lawyers in Perth work across all of them.
Road accidents
Western Australia runs fault-based: you claim against the at-fault driver’s ICWA policy, and a hit-and-run or unregistered driver claim still goes to ICWA. Report the crash to police, notify ICWA as soon as practicable, and lodge a notice of intention to claim. The thresholds, caps and the no-fault cover for catastrophic injuries are set out on the Western Australia road accident page.
Injuries at work
Workers in Western Australia are covered by WorkCover WA under the Workers Compensation and Injury Management Act 2023, which replaced the 1981 Act on 1 July 2024, which pays income support, treatment and a permanent impairment lump sum without proof of fault. Where the employer was negligent, a common law damages claim may also be open; the impairment thresholds and lodgement steps are on the Western Australia work injury page.
Public liability
Injuries in shops, rental properties, parks and public places are negligence claims under Civil Liability Act 2002 (WA) for slips, trips, falls, dog attacks and injuries on someone else’s property. Proof, thresholds and the evidence that decides these cases are covered on the Western Australia public liability page.
Medical negligence
Claims against doctors and hospitals need expert evidence that care fell below a reasonable standard and caused harm; how that works in Western Australia, including time limits, is on the Western Australia medical negligence page.
Time limits in Western Australia
The court deadline for most personal injury claims is three years, but the dates that actually decide claims are the earlier notice and lodgement steps set out above. Missing one does not always end a claim, but it hands the insurer an argument and makes everything harder. If you are unsure where you stand, the free check above takes two minutes.
What you can claim
- General damages for pain, suffering and loss of enjoyment of life, where the state threshold is met
- Economic loss: income already lost and future loss of earning capacity, including superannuation
- Treatment and care: medical, rehabilitation, equipment, home modifications, and care provided by family
- Dependency claims for families where an accident was fatal