WorkCover Lawyers
Who is WorkCover WA?
WorkCover is the government agency responsible for overseeing the worker’s compensation scheme in WA under the Workers’ Compensation and Injury Management Act 2023 (the Act).
The scheme is designed to ensure workers that are suffering from a work-related injury or illness are compensated for any lost wages, medical expenses and other associated costs.
The scheme is based on a ‘no-fault’ principle, meaning an injured worker does not need to prove that anyone was at fault or negligent in order to make a claim.
How do I make a WorkCover Claim?
If you have been injured while at work, you should:
- Seek first aid and inform your employer of the injury.
- See a doctor as soon as possible and ask for a First Certificate of Capacity.
- Fill out a Workers’ Compensation Claim Form.
- Make a copy of both the Certificate and Claim Form for your own records and then hand over the original documents to your employer.
- Your employer has seven days to complete their section of the Workers’ Compensation Claim Form and to lodge both documents with their insurer (employers are legally obliged to obtain workers’ compensation insurance for all workers). If they don’t the injured worker can give the claim directly to the insurer (WorkCover may assist in identifying the insurer of your employer).
- The insurer should notify you within 14 days after receiving your claim form (if you have not been contacted by the insurer within that time frame, please contact us). You should be informed whether your claim has been accepted or disputed or if they must provide a deferred decision notice.
If you do not receive a decision notice within 14 days from the insurer receiving your claim the insurer will be deemed to have accepted that they are liable to compensate you and payments must be made.
If your claim is accepted, you should receive compensation payments on a weekly basis (if your injury prevents you from working at full capacity) and compensation for your reasonable medical expenses.
If your claim is disputed, you will not receive compensation and the insurer should advise you of the reason why. If you disagree with the insurer’s decision, you should seek legal advice as an application to WorkCover WA may be required.
If the insurer gives you a deferred decisions notice they are required to make a liability decision (accept or don’t accept) within 28 days of receiving the claim or they should start paying provisional payments (this may change as the regulations dictate the period). 120 days from receiving the claim the insurer is required to make a decision on liability on risk having to accept the claim.
If you disagree with the insurer’s decision, you should seek legal advice as it may require an application to WorkCover WA.
What can a WorkCover Lawyer do for me?
Anvil Legal are trusted Worker’s Compensation Lawyers in Perth. We can assist you with WorkCover compensation claims and will always provide you with expert advice relevant to your particular situation and will always work with your best interests at heart.
Our Principal Lawyer Brett Owen has first-hand knowledge of how frustrating and exhausting going through the worker’s compensation claim process can be whilst suffering from an injury, that is why we are dedicated to making the process go as smoothly as possible for you.
We understand that the cost of legal action can put many people off – particularly when their wages have been impacted due to an injury – that is why we offer our No Win No Fee* Solution to most clients with a workers compensation or common law claim.
