What is Workers Compensation law in Western Australia?

In Western Australia, the Workers’ Compensation and Injury Management Act 1981 (WA) governs the workers’ compensation system. The Act provides for the payment of benefits to workers who are injured or become ill as a result of their employment. The Act also sets out the obligations of employers and workers in relation to workplace safety, injury management, and the resolution of disputes.

Under the Act, employers are required to take out workers’ compensation insurance to cover their employees. Workers who are injured or become ill as a result of their employment can claim benefits, including medical expenses, lost wages, and other expenses related to their recovery. Employers are also required to provide a safe working environment and to take reasonable steps to prevent injuries from occurring.

The Act also provides for the appointment of a commissioner who is responsible for the administration of the workers’ compensation system and for resolving disputes between employers and employees. The commissioner has the power to make decisions and issue orders in relation to disputes and can also provide information and assistance to workers and employers.

In Western Australia, WorkCover WA is the state government authority responsible for the administration of workers’ compensation and injury management. They also provide information, support and assistance to employers, workers, and other stakeholders in relation to the workers’ compensation system.

What are the steps in a Workers Compensation Order in Western Australia?

The steps in a Workers Compensation claim in Western Australia are as follows:

1. Notify the employer: The first step in making a workers’ compensation claim is to notify your employer of the injury or illness as soon as possible.
2. Complete the claim form: The next step is to complete a workers’ compensation claim form, which can be obtained from your employer or from the insurer.
3. Provide medical certificates: You will also need to provide medical certificates from a doctor outlining the nature of the injury or illness and the likely recovery period.
4. Lodge the claim: Your claim will then be lodged with the insurer for assessment.
5. Assessment: The insurer will assess your claim to determine if it is valid and to calculate the benefits that you are entitled to.
6. Payment of benefits: If your claim is accepted, you will receive payment of benefits, including lost wages and medical expenses.
7. Return to work: If you are able to return to work, the insurer will work with your employer to help you to return to work in a safe and sustainable way.
8. Dispute resolution: If there are any disputes between the employer and the employee regarding the claim, they can be resolved through the process of conciliation, mediation, or a court hearing.

How can a Workers Compensation lawyer help?

A Workers’ Compensation lawyer can help an injured employee in several ways:

1. Filing a claim: A lawyer can assist the employee in filing a claim for workers’ compensation benefits and can ensure that all necessary documents are properly completed and submitted on time.
2. Representation: A lawyer can represent the employee in hearings and appeals related to their workers’ compensation claim. They can also help the employee navigate the complex process and understand their rights.
3. Negotiating settlements: A lawyer can help the employee negotiate settlements with their employer or the workers’ compensation insurance company. They can also ensure that any settlements are fair and provide adequate compensation for the employee’s injuries.
4. Appeal: If the claim is denied or there is a dispute in the amount of compensation, a lawyer can help the employee file an appeal and represent them in an appeal hearing.
5. Medical treatment: A lawyer can help the employee obtain appropriate medical treatment and rehabilitation services.
6. Return to work: A lawyer can help the employee understand their rights and obligations in relation to returning to work, including any accommodations that may be required.
7. Help with any other related legal issues that may arise in relation to the worker compensation claim.

In summary, a workers’ compensation lawyer can provide legal representation, advice, and advocacy for employees who have been injured on the job and can help them navigate the workers’ compensation system to obtain the benefits they are entitled to.

Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.