The Shine Lawyers Service
What is workers compensation?
Workers compensation is an initiative by the Commonwealth of Australia. It is compulsory for employers to hold suitable workers compensation insurance for their employees.
Workers compensation covers injured workers, including part-time workers, casual workers and in many circumstances subcontractors such as owner/drivers and agency nurses. This means that in the event of a work-related injury to an employee, it is the workers' compensation insurance company who pays a compensation amount to the employee.
Apart from some rare exceptions, workers compensation coverage is given regardless of who caused the injury. This is referred to as the “no-fault” system.
Your workers compensation lawyer will be able to provide legal support and advice on your work related injury and which workers compensation system applies to you. They will also be able to assess your eligibility for a workers compensation claim and the workers compensation benefits available.
If you make a claim against an organisation or person, they are required to treat you no different during the process. If found doing so, they could be held liable to discrimination charges against them. Seeking justice and compensation in the event of a work place accident or injury should not bring about a change in how you are treated at work or in society.
Examples of injuries that workers compensation covers
Workers compensation benefits may include:
- stress/bullying claims
- spinal injuries
- back injuries
- arm injuries / hand or finger injuries
- leg injuries / foot or toe injuries
- head / eye injuries
- repetitive strain injuries (carpel tunnel syndrome)
- death dependency
- fractures
- neck injuries
- soft tissue injuries
- chemical and asbestos exposure
A work injury doesn't just mean suffering physical harm. For example, an injury can also be stress-related such as causing anxiety, panic attacks and sleeplessness.
Workers Compensation exceptions
Workers compensation usually does not apply when travelling to and from home and work.
If you are not covered by workers compensation and your injury involves a motor vehicle or public transport accident you may be entitled to motor vehicle accident insurance compensation.
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Do I have a case?
Evidence Gathering
Early investigation and information gathering is critical to the success of your claim, however your highest priority should be to maximise the extent of your physical and psychological recovery.
Your workers compensation lawyer may need to:
- interview witnesses of the work injury,
- review work injury reports, or
- organise experts to investigate and report on accident circumstances.
The quality of the evidence found may affect the compensation amount.
Common Law claims explained
If the injury was not your fault, you may be able to sue your employer (or another party) to seek a lump sum compensation amount. This is known as a common law claim.
You must establish that your employer's negligence led to the injury, i.e. that their duty of care toward you, the worker, was breached to obtain common law compensation.
To be able to bring a common law claim against your employer you must establish that you have a level of permanent disability or permanent impairment.
- For Injuries Prior to 14 November 2005: The maximum amount payable for impairment applies to a WPI of between 16% and 29% the maximum. However, this maximum will be awarded only in the most extreme cases. If your disability is assessed as being 30%, your claim will be uncapped
- For Injuries on or after 14 November 2005: The maximum amount payable for impairment applies to a WPI not less than 15% and less than 25%. In the event that you obtain a WPI of 25% or more, your claim will be uncapped.
Making a common law claim requires great care in order to ensure that you receive your maximum entitlement. If your injury has been caused through the negligence of another person, you should get legal representation.
Workers Compensation Time Limits
Strict time limits apply when:
- your level of permanent disability or permanent impairment is established,
- you elect to issue common law proceedings; and
- common law proceedings in the District Court commence.
For most work injuries which occur in Western Australia, there is a very important date known as your “termination date” which is approximately 12 months after your date of accident. If you do not take action before this time you may be prevented from pursuing a common law claim.
It is possible for a claim to be brought outside the prescribed time limits. However, it is important that you obtain legal advice from your workers compensation lawyer to safeguard your interests in relation to the common law compensation time limit.
Are you eligible to receive Total and Permanent Disability (TPD) Insurance Compensation?
If you have suffered an injury or illness and are unable to work anymore, you may be entitled to a range of insurance benefits through your superannuation fund or private life insurance policies.
Disability Insurance is commonly provided through your superannuation fund. It can also be provided through your personal life insurance policy, employer sickness and accident insurance, and even mortgage and credit card insurance.
You can make a claim for disability insurance if you become sick or have been injured and you are unable to work, regardless of who was at fault for your injury or illness. Even if you are receiving benefits from CentreLink, WorkCover or some other organisation, or have a separate claim with a lawyer in regards to your injury or illness, you can still make a new claim for disability insurance.
Read more about disability insurance and superannuation claims.
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WorkCover compensation amounts explained
Under the Workers Compensation and Injury Management Act 1981, if you suffer an injury during the course of your employment you may be entitled to a range of compensation benefits through a workers compensation claim.
Factors that can affect the amount of compensation you are entitled to are:
- the state or territory where the injury or disease occurred
- the date you were injured
Under the WA Workers compensation system, it is possible to obtain a lump sum payment for:
- medical treatment
- hospital expenses
- loss of wages
- travelling expenses
- permanent impairment
- rehabilitation treatment and
- return to work services
As an injured worker and depending on your level of disability or impairment you may have to choose whether to continue to receive weekly compensation payments or to pursue a common law claim. We suggest you consult a workers compensation lawyer for advice on the time frames that apply to you.
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The Shine Lawyers Service
Shine Lawyers are No Win, No Fee Lawyers
Shine Lawyers will only charge fees for workers compensation claims if the outcome is successful. In other words, we are a no win, no fee lawyer. This means that despite financial circumstances, everyone has access to justice and legal representation.
Personal Injury Lawyers for Perth & WA
Shine Lawyers are experts in personal injury law and work on injury and accident claims daily. Our experience in injury law means that we are able to manage a variety of personal injury cases.
Areas our Perth office services
Lawyers at our Perth office service the entire state of Western Australia and will travel to meet you if required.
This includes: Kalgoorlie, Broome, Kununurra, Exmouth, Geraldton, Albany, Bunbury etc.
Initial consultation is obligation free
Shine Lawyers offer an initial consultation that is obligation free with one of our workers compensation lawyers. This is to provide private legal advice on your individual workers compensation claim, including the likely progress and some of the difficulties that can emerge.
Home appointments
Shine Lawyers are able to visit you in your home, the hospital or at a place convenient for you to discuss your legal issue.
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