Workers Compensation is a type of insurance in Western Australia that provides coverage for workers who sustain work-related injuries or illnesses. It’s governed by the Workers’ Compensation and Injury Management Act 2023. This insurance scheme ensures injured workers receive some coverage for lost earnings, medical expenses, and other related expenses if they have suffered a compensable injury. It also assists injured workers in returning to work.
Types of Injuries and Illnesses Covered
Workers’ compensation covers a wide range of injuries and illnesses, as long as they fit the definition of injury in the Act. Here’s a breakdown of what is commonly covered:
- Physical Injuries: This includes any injuries caused by work or due to work-related activities, such as slips, falls, fractures, sprains and strain injuries. It also includes the aggravation, recurrence or acceleration of a pre-existing injury or disease.
- Psychological Injuries: Workers’ compensation also covers work-related mental health issues, such as stress, anxiety, or trauma. This could include injuries that arise from work-related factors or in some cases, a pre-existing condition worsening due to work duties.
- Occupational Diseases: Some jobs involve exposure to hazardous materials or high-risk conditions, which may result in illnesses such as lung disease or hearing loss. If an illness can be directly attributed to the work environment, workers’ compensation typically covers it.
What Does Workers Compensation Cover?
Loss of Earnings
When an injury results in an employee missing work, workers’ compensation provides weekly payments required due to an incapacity for work. These payments ensure that injured workers can maintain financial stability while they recover. Compensation payments are typically based on the worker’s earnings over the past year leading up to the injury. After 26 weeks, payments may decrease to 85% of your per-injury income rate in some limited circumstances. Weekly payments are also capped, meaning there is a maximum amount of compensation you can receive during the life of your claim.
Medical Expenses
Workers compensation generally covers any “reasonable medical expenses” related to your accepted workplace injury or illness. This includes:
- Consultations with medical practitioners and specialists.
- Prescribed medications.
- Treatment and accommodation at hospital.
- Physical therapy such as occupational therapy & physiotherapy.
- Necessary surgical appliances to aid in recovery.
- Other reasonable costs associated with medical treatment
The workers’ compensation system in WA ensures that injured workers can receive the appropriate medical care needed to recover. However, you should have your own supportive medical practitioners assisting you.
Rehabilitation and Return-to-Work Programs
Workers’ compensation provides some funds for rehabilitation and support programs to help injured workers restore their physical and mental health. Returning to work after a work injury can play a crucial role in your recovery process. If your GP certifies you with the capacity to work, you should seek the services of a return-to-work provider of your own choice to assist with any return-to-work plans.
Workplace rehabilitation providers (WRPs) are approved by Workcover WA. They are qualified professionals, such as occupational therapists, physiotherapists, or psychologists. WRPs help injured workers reintegration into the workforce by assessing the worker’s needs and overcoming workplace obstacles. However, the insurer may appoint their own chosen providers and not advise you that you are entitled to appoint your own in which case you can change if needed.
Permanent Impairment Compensation
In cases where an injury leads to permanent impairment or incapacity for work, workers may qualify for additional compensation in very limited circumstances. These benefits aim to address both the physical and financial impact of long-term impairments that may prevent you from working ever again. Getting a permanent impairment (PI) assessment may entitle you to a lump sum payment, but it may not be the full extent of your entitlements, especially if you want to finalise your claim. The PI payment amount depends on the severity of your impairment as determined by a qualified medical practitioner.
What is not covered by workers compensation?
While workers’ compensation provides a wide range of benefits, some limitations exist. Here are some instances where you may not be covered:
- Injury is Not Work-Related: Injuries that occur when you’re not at work or performing work-related duties. This includes incidents that happen during work hours but are not directly work-related.
- Pre-existing Conditions: If a worker already had a health problem before starting a job, workers’ compensation might not cover any worsening of that condition. This is usually the case unless the workplace plays a significant role in making the condition worse.
- Injury Due to Misconduct: Injuries that occur due to worker misconduct (e.g., being under the influence of drugs or alcohol at work)
- Travel to and from Work: Generally, injuries sustained while commuting are not covered unless that travel was part of your work duties.
Unsure If You’re Eligible for Workers Compensation?
Workers’ compensation provides essential support for employees facing work-related injuries in Western Australia. If you’re unsure whether you are covered by workers comp, Anvil Legal offers free consultations. Our experienced lawyers specialise in workers compensation claims and can help you navigate the claims process. Contact us today to arrange your consultation.
