Workers compensation in Western Australia
Injured 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. 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).
How to make the claim
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.
Common law damages
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.
Who counts as a worker
Employees, most labour hire workers, apprentices and many contractors who are paid mainly for their own labour are covered. FIFO and remote workers are covered for injuries in the course of employment, including travel in some circumstances. Psychological injuries are covered with scheme-specific conditions.
If your claim is rejected
Every scheme has a review process with short deadlines, often measured in weeks. Get advice before the review window closes rather than after.
What you can claim
- Weekly income payments while you cannot work, at the scheme rate
- Medical, hospital, pharmaceutical and rehabilitation expenses
- A lump sum for permanent impairment once your injury is stable
- Retraining and return-to-work support
- Common law damages for economic loss (and pain and suffering where the state allows) if the employer was negligent
Evidence to keep
Claims are won on what can be proved. Keep:
- The incident report you gave your employer, and when
- Certificates of capacity from your doctor
- Names of co-workers who saw what happened
- Photos of the hazard, equipment or site conditions
- Pay slips and rosters showing your pre-injury earnings
- Every letter and decision from the insurer, with dates
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Perth who handles workers compensation matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I need a lawyer for a workers compensation claim?
Not to lodge the statutory claim; most workers do that with their employer and doctor. You need one when the claim is disputed, when weekly payments are cut or stopped, when a permanent impairment assessment is coming up, and whenever a common law claim is possible. Those are the points where the money is decided.
Can I be sacked for making a claim?
No. Dismissing or disadvantaging a worker because they made a workers compensation claim is unlawful in every state, and employers have return-to-work obligations for a set period after injury.
Can I choose my own doctor?
Yes. You are entitled to be treated by the doctor of your choice. The insurer can arrange its own independent medical examination, but it cannot dictate your treating doctor.
What is a common law claim in Western Australia?
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. It is a negligence claim against the employer, run on no win no fee, and is where the largest settlements come from.
What if my injury was partly my fault?
Statutory benefits are paid regardless of fault, except for serious and wilful misconduct. In a common law claim, contributory negligence reduces the damages proportionally rather than defeating the claim.
How long do I have?
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. Review and appeal windows after a decision are short, often 30 to 60 days.
In more detail
Full guide to workers compensation claims in Western Australia
Our workers' compensation lawyers servicing Perth and greater Western Australia handle most matters on a no win no loss basis.
The good news is that because your injury, or illness, was contracted at work, you are entitled to claim a range of benefits and seek compensation from the workers compensation scheme.
Let’s face it. You almost spend more time at work than at home and in both places you want to feel safe and secure. So, when you are injured in the course of work duty, confidence can take a knock and the physical and emotional fallout can be devastating.
How can our worker's compensation lawyers help?
We can help you make a claim for workers' compensation if you are injured:
- In Western Australia,
- during the course of your employment, and
- you are defined by law as an employee.
Please note: you may also be eligible if you were working as a contractor or sub-contractor at the time.
What to know about Workers compensation in WA?
Western Australia operates on a no-fault basis, however, if your employer is found to have been negligent, and their negligence resulted in your injury then you may be eligible to make a common law claim.
First of all, the experts at Millner and Knight will make a broad assessment of your eligibility for compensation. Depending on your individual experience you may be entitled to make a statutory workers compensation claim, a common law claim or both. Once identified we will then discuss;
- The claims process in great detail from start to finish including how long we think your matter will take to settle.
- Legal costs including professional fees, disbursements along with full terms and conditions regarding our no win no fee guarantee.
- Your chances of success and what happens if your case is unsuccessful.
- How much benefits or lump sum compensation you may be entitled to.
If after our discussion, you still want to make a claim with us, the worker's compensation lawyers on Millner and Knights panel will act to the best of their ability on your behalf to ensure your claim is a successful one.
What is the Workers Compensation Scheme?
Providing a safe working environment is a legal prerogative of all employers in Australia, but injuries still occur in the workplace on a far too frequent basis, which is why the government established the Workers Compensation Scheme to support ailing people in their hour of need and assist in their recovery. Workers’ Compensation operates like an insurance policy and is compulsory for almost all employers. Agents, usually insurance companies, are appointed by government to manage claims. However, frequent disputes do arise between the insurance companies, claimants and/or employers. This is why it is recommended that you have a professional lawyer representing you to drive your claim to as swift a conclusion as possible.
What entitlements are available?
If you have been injured or become ill at work, you could claim the following benefits:
- Payments on a weekly basis to offset loss of income.
- Medical expenses
- Superannuation payments
- Rehabilitation services
- Lump sum payment in certain situations
What are the most common injuries sustained by workers in WA?
Typically, some common workplace injuries we can assist with in Perth and Western Australia are:
- Serious injuries caused by falling from height
- RSI's from performing repetitive office tasks
- mental illness and stress from bullying and abuse etc
- hearing loss from noisy work environments or power tools
- work related sicknesses and illnesses
- back and spine injuries incurred on FIFO mine sites
- neck injuries resulting from forklift accidents in factories
- back injuries due to heavy lifting on construction sites
- loss of limbs caused by malfunctioning machines.
- crush injuries to arms, hands and legs resulting from moving vehicles
- needle stick injuries suffered by healthcare workers
- farmers lung (COPD) commonly suffered by agribusiness and farm workers
- dermatitis and skin diseases from working with irritants
- an array of injuries resulting from the incorrect issuance of or faulty PPE
- loss of senses following a blow to the head
- serious burns from working with dangerous chemicals
Workers can also claim for pre or existing injuries that became worse as a consequence of their work tasks.
If you’ve been involved in an accident, it’s best to seek legal advice to find out where you stand. You can call us or start your claim online. Your call will be taken by our experienced customer service consultants who will ask you some questions regarding your individual circumstances before transferring you to a lawyer who specialises in Workers compensation cases like yours.
What do I need to know about the scheme?
The scheme provides cover for all Australian workers. People who are either injured at work or suffer an injury as a result of work duties can claim compensation and should do so as soon as possible.
Making a legally assisted claim
Assuming that you have already been seen by a doctor and reported your injury to your employer, the most important decision you will now make is whether to appoint a professional lawyer specialising in workers compensation to manage the claim process. This is highly recommended for a number of reasons: It pays to have a professional in your corner, not only to give you peace of mind to focus on your healing journey, but also to navigate the many potholes a novice, or amateur, may not be aware of in pursuit of a speedy resolution.
Can I make my own claim?
In short yes, you can definitely make your own claim, however, many claimants find that getting their replacement wages while they are off work can be a difficult task. In many cases, recipients of workers compensation payments feel as if their employer and the insurance company go to extreme measures to not pay them their entitlements.
At Millner and Knight our workers' compensation lawyers acting in Perth and WA help people every day understand their rights and responsibilities when it comes to recovering any money, they are rightfully owed.
If you're having trouble accessing your entitlements, or feel as if your employer is putting their interests before yours, speak to an expert for a free no-obligation consultation. Our legal panel will communicate with you in a language you can understand, cutting out the legal jargon and ensuring your interests are being put first.
How to lodge your own claim
To lodge a workers compensation claim you need to if you have not already:
- Seek first aid and report the injury to your immediate supervisor.
- Get your First Certificate of Capacity. (it's better to get this from your own doctor rather than the companies).
- Download a Workers’ Compensation Claim Form here, or get one from your local AusPost.
- If you have difficulty completing the form, feel free to give us a call on.
- Be sure to keep copies of your medical certificate and claim form and send the originals to your employer.
- By law, your employer has five working days to complete and lodge your claim form.
Alternatively,
You can speak to a WorkCover expert at Millner and Knight regarding your situation and we'll guide you through the process.
Speed is of the essence
It is important that you don’t delay when it comes to contacting a professional to lodge your claim. An employer needs to be notified of any injury suffered at work within 30 days and a workers’ compensation claim must be lodged as soon as possible, preferably within 30 days from the date you became aware of the injury. If more than 30 days have passed since the injury became known, it is advisable to contact a Workers Compensation lawyer as soon as possible.
Remember, for the same reason you visit a doctor for a medical diagnosis, it pays to have a workers compensation lawyer representing your cause irrespective of whether you have just been injured or have hit headwinds after receiving WorkCover payments for some time.
My workers' compensation has been declined or pended
It is not unusual that genuine cases get disputed by the insurer, if this has happened to you it means that no payments will be made to you. It may also be the case that your matter has been put on hold while the insurer waits for further information regarding your circumstances. In these instances, the insurer then has another 10 days to make a decision. If your case is still pended after another 10 days it will be deemed in dispute. At this point, you will need to lodge an application for conciliation.
Can you get a lump sum?
So, you're receiving weekly payments but wondering whether or not you're eligible to lump sum compensation?
If so, you've come to the right place.
At Millner and Knight, we help claimants recover lump sum payouts when other firms can't. Many people who suffer a work injury believe that a lump sum payout is only available in some severe cases, however, this is incorrect. If you've recently had a work injury or going through an existing claim, speak to us today about the possibility of a lump sum payout.
As part of our promise and commitment to our clients, we'll never
- Go along with the insurance company for a quick and easy payout
- put our interests before our clients
- settle for less than you deserve
Would you like to calculate your potential payout?
Maximum weekly benefits
We understand the burden of a workplace injury and the financial pressure it places on victims and their families. So, besides helping people recover large final settlements, well also ensure you receive the full amount of weekly entitlements too.
For instant clarification regarding payments, hours or any other work related matter please do not hesitate to call us.
What are the obstacles faced when it comes to making claims?
Each case is different, but people injured at work can panic and not know what to do next as they struggle with the emotional strain of their injuries, which is just one good reason why they need professional help submitting their claim. If a WorkCover claim is unfairly rejected, the help of a lawyer will almost certainly be critical to force the claim back onto the table. Similarly, representation can be paramount when an employer is unjustly putting pressure on an injured worker to return to work, or if they are not being paid properly. If payments have been cut, an employer’s insurer refuses to pay for treatment or is stalling in response to requests, a legal professional can be the difference between failure and success. The process of submitting and managing a workers compensation claim can be complicated and is compounded if you are sick or injured.
Early bird gets the worm
It is advisable to contact a lawyer as soon as possible as this can facilitate a stronger case driven by a professional who understands the process before your claim is assessed. In Western Australia, claims are typically calculated in accordance with the type of injury suffered and a monetary value is determined on the basis of your likely career and financial path before the accident and the subsequent reality after the injury.
Start your Workers compensation claim with Millner and Knight
Our local solicitors are here to help you make a successful workers compensation claim anywhere in WA.
We can help you make a claim for workers' compensation if you are injured:
- In Western Australia,
- during the course of your employment, and
- you are defined by law as an employee.
Please note: you may also be eligible if you were working as a contractor or sub-contractor at the time. Western Australia operates on a no-fault basis, however, if your employer is found to have been negligent, and their negligence resulted in your injury then you may be eligible to make a negligence claim.