Hi there. In Western Australia, the law says that, if your workers’ compensation claim is accepted, you are entitled to be compensated for loss of wages (up to a prescribed limit), reasonable medical treatment expenses and other expenses.
For loss of wages, if you are under an industrial award, you will receive the rate of weekly workers’ compensation payments payable under your industrial award. For the first 13 weeks you will also be paid the overtime bonuses and allowances paid to you over the 13 weeks before your injury.
If you are under a non-industrial award, you will receive an average of the payments (including overtime, bonuses and allowances) paid to you over the 12 months before your injury. After the first 13 weeks from the date of the injury, your payments will reduce to 85% of your average weekly earnings.
For medical expenses, you can claim a range of reasonable expenses including medical or surgical attendance, medicines, specialist treatment, physiotherapy, etc. You have the right to be treated by a doctor or health professional of your choice. There is a limit on the total payments for medical expenses. You are also entitled to claim for reasonable workplace rehabilitation expenses, but this figure is also capped.
Your employer is required to provide you with your pre-injury job, if it is reasonably practicable, or another job of similar status and pay. You are required to actively participate in the return-to-work program established by your employer. If you do not participate, your employer may take legal action to reduce or stop your weekly payments.
In addition to receiving money from WorkCover WA, if you have sustained at least a 15% ‘permanent whole of person impairment’, then you may be able to sue your employer for compensation. This is called a ‘common law claim’ and it must be commenced within 12 months from the date your claim for weekly compensation payments was made to your employer. In a common law action, you would need to prove that your workplace injury was caused by your employer’s negligence. Note that a common law claim may affect your other entitlements.
Suggested way forward
Workers’ compensation can be complicated, but it is important you understand your obligations as an injured employee as well as the options available to you. You can contact WorkCover WA for advice and assistance on 1300 794 744. You may also want to consider speaking to a lawyer who can advise you on your legal options and the best course of action. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
Answered
over 8 years ago
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