Workers Compensation Claims
In Western Australia if you have been injured at work your entitlement to receive compensation is governed by the Workers’ Compensation and Injury Management Act (“the Act”).
Under the Act you are eligible to receive various types of benefits including:
- Weekly payments of compensation for loss of wages whilst you are medically certified unfit for work.
- Payment of treatment expenses.
- Payment of other expenses including rehabilitation and travel expenses.
- At the conclusion of the claim after medical stabilisation of injury (unless you have fully recovered) you will be eligible to receive a final lump sum payment in settlement of the claim.
The benefits payable under the Act increase on 1 July of each year and are published by WorkCover in a document known as “Variations in Prescribed Amount and Other Workers’ Compensation Payments”.
Click here to view the current prescribed amount tables effective 1 July 2011.
In the vast majority of claims after the workers’ injury has stabilised the compensation claim is finalised by a negotiated settlement which involves the insurer paying a final lump sum payment to the worker in return for benefits ceasing.
The amount of the final lump sum payment varies from case to case and depends largely on the severity of injury and the extent to which the injury prevents the worker from returning to work.
Tony Separovic specialises in:
- Advising clients as to the appropriate amount for which a claim should be settled.
- Conducting negotiations on behalf of clients which are undertaken with the insurer’s solicitor and claims officer.
For work accidents sustained after 14 November 2005 a worker may receive a larger final lump sum payment if the worker is eligible to proceed with a common law damages negligence claim.
A worker will only be permitted to proceed with a common law claim against the employer if the worker is certified as having in excess of a 15% whole person impairment and an ”election” is lodged before the “termination date”.
The termination date is twelve (12) months from the date the worker lodges the claim form with the employer. The termination date can be extended by an additional 12 months.
Before the termination date expires the worker MUST obtain a whole person impairment assessment of over 15% from a properly certified medical practitioner otherwise the potential right to bring a common law claim against the employer will automatically be abolished.
Separovic and Associates will make all necessary arrangements with regard to securing a whole person impairment.
Tony Separovic will in particular advise clients as to whether they will be eligible to proceed and if so the merits of any common law claim.
If the injury at work was caused or contributed to by the negligence of a “third party” (not the employer) then for injuries sustained after 14 November 2005 the worker will be entitled to proceed with a common law negligence claim without the need to secure a 15% whole person impairment.
As the law and compensation system dealing with accidents at work is complex, workers should seek legal advice as soon as possible following the work injury and in any event well before the termination date expires (no later than say 10 months after the accident).
It is recommended you seek legal advice:
- Well before the expiration of the termination date.
- As soon as possible after the accident.
- Before accepting any offer of settlement made by the insurance company.
- For accidents after 15 November 2005 before the three (3) year statute of limitation period expires after which any potential negligence claim against a “third party” (not the employer) will be abolished if legal proceedings have not commenced in the District Court.
- Before signing any Statement dealing with the accident circumstances.