Settlement Offers
In Western Australia the legislation which regulates workers’ compensation is called the Workers’ Compensation and Injury Management Act.
Under the Act you are currently entitled to the following:
- Weekly payments whilst you are certified unfit of up to $183,394;
- Medical and Hospital Expenses of up to $55,018;
- Rehabilitation expenses of up to $12,838;
- Reasonable travel expenses to cover the cost of attending your doctor.
Most people who receive an offer to settle their workers’ compensation claim ask at least one of the following questions:
- Should I settle my claim?
- What is my claim worth?
- What happens if my injury flares up after I have settled my claim?
Should I settle my claim?
Whether you should settle your claim will depend upon whether your injuries have healed and your doctor has certified that you have reached maximum medical recovery.
You should not settle your claim if you think you may have future medical problems arising from your work place injury. If you are still receiving treatment for your injuries and you settle your claim, you will be responsible for all ongoing treatment expenses and those expenses may be very costly.
What is my claim worth?
Under the Act there is a limited amount of money available for lump sum settlements. Determining the value of a workers’ compensation claim will vary depending on the nature and severity of your injuries and whether you have suffered a permanent impairment.
If your injury leaves you with a permanent impairment, you are entitled to be compensated for that impairment. Permanent impairment is expressed as a percentage and must be assessed by an approved medical specialist. The amount of money for a permanent impairment is set by law and contained in Schedule 2 of the Act.
If you have a total or partial incapacity for work you may be entitled to an amount for future weekly payments of compensation.
You may be entitled to an amount for ongoing medical treatment costs. If you have suffered a permanent impairment and you are unable to return to your pre-injury employment, you may be entitled to vocational retraining costs.
All of the above must be taken into consideration in determining the value of your claim. In addition there may be other factors that may make a claim more valuable or less valuable. An experienced Workers’ Compensation lawyer will only advise you on the value of your claim after he or she has gathered all of the information about your claim.
What happens if my injuries flare up after I have settled my claim?
If your injury flares up after you have settled your claim then you will be responsible for all future treatment costs. For this reason you should not settle your claim until your doctor has provided you with a final certificate or report stating you have either recovered from your injuries or you have reached maximum medical recovery.
Assessment of your offer
If you do not have legal representation and you have received an offer to settle a claim, we invite you to contact Perth City Legal to have us assess the offer before you agree to it.
We will:
- thoroughly review the offer;
- thoroughly review the medical evidence;
- provide you with our opinion as to whether we believe the offer is fair and reasonable.
We will offer objective advice about the appropriateness of the settlement offer. If we think that accepting the offer is in your best interest, we will tell you so. If we think it is inadequate, we may offer to act for you to negotiate a more appropriate settlement.
Contact one of Perth City Legal's lawyers on 9486 8088 or via our contact page .