Guidelines for claiming workers' compensation
Injuries can happen anywhere, but what happens if you are involved in an accident or on the way to work in Western Australia?
As a commonly asked question, we have developed the below as a guideline for claiming workers’ compensation.
Here you will learn:
What a workers' compensation claim is
If you're eligible; and
What you may be entitled to under a workers' compensation or common law claim.
What makes me eligible for a workers' compensation claim?
Western Australia operates under a ‘no fault’ workers compensation scheme.
This entitles workers who suffer injuries at work the right to receive compensation no matter who is at fault for causing the accident.
However, not every worker can make a workers’ compensation claim and whether a worker can receive compensation depends on various factors.
The legal experts and specialist personal injury lawyers at Bradley Bayly Legal understand the workers’ compensation system, and the guidelines for claiming workers’ compensation in Perth.
How to make a claim for workers' compensation?
There are strict guidelines for claiming workers’ compensation and to be eligible to receive benefits as an employee you will be required to complete the following steps:
Report the illness or injury to their employer and be assessed by a doctor who will complete a first medical certificate
Complete a workers’ compensation claim form and supply a copy of the medical certificate provided
Supply their employer with a copy of the medical certificate.
Once this has been completed, you can begin to seek legal advice. At Bradley Bayly Legal we can arrange an obligation-free consultation to determine your circumstances.
What does workers' compensation cover?
If you are eligible for workers’ compensation as a result of an injury you have suffered at or on your way to work, you will be entitled to:
Weekly payments of compensation whilst you remain unfit for work;
Hospital and medical expenses to assist in your rehabilitation;
Vocational rehabilitation that helps you return to the workforce; and
Travel expenses relating to any hospital, medical or rehabilitation appointments you must attend.
Currently in Western Australia, there are prescribed amounts on how much a worker can receive in the no-fault system.
In the 2022/2023 financial year, these amounts are:
Weekly payments of compensation: up to $243,991.00
Hospital and medical expenses: up to $73,197.00
Vocational rehabilitation expenses: up to $17,079.00
Unfortunately, it is not uncommon that an injured worker will suffer more losses than what is covered under the workers’ compensation system. In these situations, it is important for injured workers to consider whether they have a common law claim.
How our Personal Injury lawyers in Perth can help
Our qualified personal injury lawyers at Bradley Bayly Legal will help you navigate what can be a complicated process of claiming workers’ or common law compensation in Perth.