Workers’ Compensation

Our experience in the field of Workers' Compensation law has afforded us with the legal skill to handle your case properly and efficiently.

Frequently, injured workers’ are susceptible to receiving information that is confusing or even misleading. Situations like these, may result in a substantial loss of rights, effectively diminishing the worker's potential for future compensation.

Through a commitment to our professional development, the lawyers at Perth City Legal ensure they are ready to meet your needs now and in the future.

Our lawyers stay current through accessing up-to-the minute electronic bulletins and databases and participating in continuing legal education courses.

What you need to know about Workers' Compensation

All Western Australian employers are required to carry Workers' Compensation insurance. The insurance program is regulated through Workcover, a government agency.

Workers' Compensation is payable to an employee who suffers an injury at work, whether the injury is physical or psychological. An employee who is injured at work is entitled to Workers' Compensation payments even if the employer is not at fault.

What you need to do

If you are injured at work, it is important that you notify your supervisor or employer immediately. All work related injuries, no matter how small, should be reported to your employer.

If you fail to report an injury straight away, it may make it difficult for you to claim Workers' Compensation if the injury worsens at a later date.

You should ask your employer for a Claim Form 2B which you must complete and return to your employer along with a First Medical Certificate signed by your doctor.

If you require medical treatment, you are entitled to seek treatment from a doctor of your choice. You do not have to attend a doctor designated by your employer.

Your entitlements

If you suffer a work place injury, you are entitled to:

weekly payments of compensation;
reasonable medical expenses and rehabilitation expenses; and
reasonable travel expenses.

Common Law claims

Workers who can prove that their employer's negligence caused their workplace injury and who also meet other requirements, can pursue a claim for common law damages through the courts.

If you were injured at work on or after 14 November 2005, you have one year from the date you lodge a claim for Workers' Compensation in which to elect to commence a claim through the courts. Except in certain special circumstances, you will lose that right if you wait more than a year, even if the employer is responsible for the injury.

If you lodge a claim for compensation with your employer, you will receive a notice from the insurance company advising you of your termination date. It is important that you do not ignore this notice. The consequences of ignoring this notice may mean you forfeit your right to pursue a common law claim for damages. You should seek legal advise when you receive the notice.

Settlement Offers

If you do not have legal representation and you have received an offer to settle your workers' compensation 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.