Workers Compensation
Claims Perth
Workers’ Compensation in Perth
When workplace accidents happen, they can significantly impact your health, livelihood, and family.
At Anvil Legal, we specialise in workers’ compensation claims in Perth, providing expert legal assistance to ensure you receive the compensation you deserve.
Our dedicated team understands the complexities of workers’ compensation law and is here to guide you through every step of the process.
What is Workers’ Compensation?
Workers’ compensation is a form of insurance mandated by law that employers must provide to protect their employees in the event of a work-related injury or illness. This insurance covers medical expenses, rehabilitation costs, and lost wages, ensuring that injured workers receive the necessary support during their recovery period. In Western Australia, the workers’ compensation scheme is designed to offer financial and medical aid to employees who have suffered injuries or illnesses as a direct result of their jobs.
Am I Eligible to Claim Workers’ Compensation?
Eligibility for a WorkCover or workplace injury claim in Perth depends on several factors:
- Employment Status: You must be a ‘Worker’ as defined in s 12(2) of the Act.
- Work-Related Injury or Illness: The injury or illness must have occurred in the course of your employment. This includes accidents that happen at the workplace, during work-related travel (this usually excludes travelling to or from work), or due to work-related activities that have contributed.
- Reporting and Documentation: The injury or illness should be reported to your employer as soon as possible, and proper medical documentation must be provided.
If you meet these criteria, you are likely eligible to file a workers’ compensation claim. Anvil Legal can help you navigate the eligibility requirements and ensure that all necessary documentation is in order.
How to Claim Workers’ Compensation
Filing a workers’ compensation or workplace injury claim involves several steps, generally, you should:
- Report the Injury: Inform your employer about the injury or illness immediately. Ensure that the incident is recorded in the workplace’s relevant systems.
- Seek Medical Attention: Visit a medical professional of your choosing to obtain a Certificate of Capacity, which outlines the nature of your injury and its effect on your capacity to work.
- Complete a Workers' Compensation Claim Form: Fill out the claim form accurately and submit it to your employer along with the Certificate of Capacity.
- Employer’s Role: Your employer will forward your injury claim to their insurer, who will then assess the case.
- Insurer’s Decision: The insurer will notify you of the outcome of your claim. If approved, you will start receiving compensation benefits. If not you should probably seek legal advice from a workers compensation lawyer.
Anvil Legal can assist you throughout this process, ensuring that your claim is correctly filed and advocating for your rights if any issues arise.
Understanding Your Rights under the Workers Compensation WA Scheme
The Workers’ Compensation and Injury Management Act 2023 outlines the rights and responsibilities of injured workers in Western Australia. Despite being designed to protect workers, the Act can be challenging to navigate. Here are key points to understand:
- Entitlements: You are entitled to medical, hospital, and rehabilitation expenses, compensation for lost income, and, in some cases lump sum payments for permanent impairment.
- Employer Obligations: Employers must provide workers' compensation insurance and facilitate your return to work through injury management programs.
- Dispute Resolution: If your claim is disputed, or you are unhappy with the compensation amount, you can seek resolution through WorkCover WA or seek legal assistance.
Every employer in Perth, WA is required to have workers’ compensation insurance. This insurance protects workers in the case of a work-related injury or injury sustained at work. Anvil Legal has extensive experience providing advice on claims under workers’ compensation insurance. We understand the burden workplace injuries and accidents can have on you and your family.
How Anvil Legal Can Help You Claim Workers’ Compensation
As workers compensation lawyers, Anvil Legal offers assistance and advice that may relieve any stress from the legislative processes. We have a clear understanding of the workers’ compensation law and its application to the injured worker. We can also assist with WorkCover WA applications and Common Law claims to ensure you receive the entitlements you deserve.
Anvil Legal is one of the few dedicated workers’ compensation law firms Perth has to offer. We understand what you are going through and want to help you get the compensation you deserve.
Perth-based lawyers Anvil Legal Workers offer a free phone consultation to potential clients to explain how our knowledge of previous compensation claim cases can assist them with their matters.
If you need help with a workers’ compensation claim, contact Anvil Legal. We may be able to provide you with the assistance you need to move forward with your work accident claim.
Frequently Asked Questions
If you suffer from a work-related injury in Western Australia and your claim is accepted, you are entitled to compensation for some wages, medical and rehabilitation expenses etc. You are also potentially eligible for a lump sum for permanent impairment at some point.
In Western Australia, workers compensation has no time limit. Instead, there are set pools of money that run out. For example, if you are on $1000 per week it’s going to last longer than if you are on $3000 a week.
If you are an employee and suffer a work-related injury in Western Australia and can’t work, you should be entitled to several benefits. These benefits include compensation for some wages, medical and rehabilitation expenses, and potentially a lump sum for permanent impairment at some point.
Most workers’ compensation cases can be settled a couple of weeks after you’ve made the claim. However, if the claim is denied you might be fighting just to get the claim accepted for months.
Workers compensation payments in Western Australia don’t generally include superannuation contributions. However, your Award/Agreement or Contract of Service may require it. This is because super is typically based on salary or wages. Workers compensation instead replaces income while injured and isn’t considered earnings.
Your employer is responsible for paying workers compensation if you are injured or become ill as a result of your work and have made a successful claim. This includes covering some lost wages and medical expenses.
You can pursue a workers compensation claim without a lawyer, but it’s advisable to seek legal advice at least for guidance. The claim process can be complex, and legal expertise can help you navigate it effectively and maximise your claim’s potential.
The Workers Compensation jurisdiction in Western Australia has capped amounts for future income compensation, medical expenses and return to work providers. Every worker has a different pay rate, different medical needs and different injuries (even if you have a mate with the same injury, it won’t be). A close examination of past expenses and medical records is usually necessary.
Once a claim has been made it has been made, you can finalise it by settling for a sum of money. For any other options you should get legal advice first.
For more help finding answers to your questions about workers’ compensation and personal injury claims, visit our FAQs page.
