You can continue receiving workers compensation income payments in Western Australia as long as you remain unable to work due to your injury. These payments will stop once you recover and can return to work or when the insurer sends you a notice stating they are going to stop income compensation if you ignore it or when you reach the end of the prescribed payment amount.
Workers compensation is a safety net for employees who suffer work-related injuries or illnesses. Understanding your entitlements and time limits can help you navigate the system effectively and ensure your rights are protected.
What is the Prescribed Amount?
The prescribed amount is the maximum weekly payments an injured worker can receive for lost income while their workers’ compensation case is ongoing. As of 1 July 2024, this amount is $264,487.00. However, most injury claims are settled well before workers exhaust the prescribed amount.
Medical Expense Compensation
Similarly to income compensation, medical expense compensation has no time limit. The claim can remain open for an extended period or until the pool for medical expenses runs out. As of 1 July 2024, the maximum entitlements for medical and health expenses is $158,692.00.
When can your income compensation be discontinued?
Here are some of the common reasons that your income compensation can be stopped:
You Consent
Injured workers may consent to income compensation payments stopping. We strongly recommend seeking legal advice before agreeing to anything.
Residing outside of WA
Workers must provide a declaration about their incapacity for work due to moving outside of Western Australia. If you don’t provide the required declarations in time, your employer’s insurer or self-insurer may suspend your income compensation payments.
Returning to Work
Injured workers may decide to return to work if they have fully recovered or are deemed fit to work. Employers may stop workers compensation payments once you’ve returned to work. Your employer must provide written notice that your compensation is being reduced or discontinued. If you disagree with this decision, it is possible to dispute it but it needs to be actioned immediately after you become aware.
Learn More: Returning to Work After Workplace Injury
Notice of Intention
You may receive a notice from your insurer stating that their doctor thinks you’ve recovered, that they believe you’ve returned to work, or that they want to recalculate your benefit amount. As a result, they may stop or reduce your payments starting on a specific date. It’s crucial to seek legal advice immediately.
Settlement Agreements
A settlement finalises a workers’ compensation claim and the injured worker becomes no longer entitled to any further compensation. This agreement typically involves a lump sum payment to the injured worker to cover their lost wages, medical expenses and other injury-related costs set out in the Act.
Learn More: What You Should Know Before Settling a Workers Compensation Claim
Before accepting a settlement, it’s best to consult with a workers compensation lawyer for legal advice. Navigating the workers compensation process can be complicated. Anvil Legal can help you understand your rights and obligations specific to your workplace injury. Contact us today to have your claim reviewed by our qualified lawyers.
