If you are injured at work in WA, you may have more than one path to compensation. The workers compensation scheme can provide income and treatment expenses without proving fault. A lump sum may also be available through a scheme settlement or, in some cases, a separate negligence claim. The rules for suing your employer differ from those for suing a negligent third party.
The first step is a workers compensation claim
Report the injury to your employer, obtain a First Certificate of Capacity from your doctor and give the completed claim form and certificate to your employer. Keep copies and record how the injury happened, who witnessed it and what work you can and cannot do. Seek advice promptly if liability, your capacity or your entitlements are disputed.
An accepted claim can provide income compensation, reasonable medical and health expenses, and other statutory entitlements where applicable. You do not generally need to prove that anyone was negligent to obtain those scheme benefits. Permanent impairment can create an additional statutory entitlement, subject to the relevant assessment and eligibility rules.
Can a work injury be settled for a lump sum without negligence
Yes. A worker and employer or insurer may negotiate a workers compensation settlement agreement. It can include a lump sum for income compensation, future medical and health expenses and/or permanent impairment compensation, depending on the claim and the applicable rules. A negligence claim is not a prerequisite, and the 15% whole person impairment threshold for an employer common law claim does not itself bar a scheme settlement.
A lump sum is not automatic. Its value depends on the accepted injury, remaining statutory entitlements, evidence about work capacity and future treatment, and the terms negotiated. A registered settlement can bring specified compensation entitlements to an end and may affect an employer damages claim. Get advice about the full effect before signing.
When can you sue your employer for negligence
A separate common law damages claim against an employer requires proof of negligence and, under the WA workers compensation legislation, a permanent whole person impairment of at least 15% assessed through the prescribed process. At 15% to less than 25%, damages are subject to a statutory cap; different rules apply at 25% or more. Meeting the impairment threshold alone does not establish negligence or guarantee damages. Special rules can apply to some diseases and older injuries.
What if another person or business caused the injury
A third party might be a subcontractor, site occupier, equipment supplier or another driver. A negligence claim against that party does not generally require the 15% impairment threshold that applies to an employer common law claim. You still need to establish the third party’s legal responsibility, causation and loss. A workers compensation claim and a third party claim can arise from the same incident, but recoveries must be coordinated to avoid double compensation and to deal with any insurer reimbursement rights.
When should you ask a lawyer to review the claim
Seek advice from a work injury lawyer as soon as possible, especially when the insurer disputes liability or stops payments; your injury may be permanent; a settlement is proposed; or another business, driver or person may share responsibility. Different limitation periods and procedural steps can apply. Early advice helps preserve evidence and identify every available route before you settle one of them.
Even in a case where the insurer is paying payments and medical treatment and the worker has returned to work, engaging a work injury lawyer can be very helpful in securing the best possible lump sum payment to finalise the claim, which is undertaken by way of a negotiated settlement with the insurer.
Frequently asked questions
Do I need 15% impairment to receive a lump sum
No. The 15% threshold concerns an employer common law damages claim. A workers compensation settlement can be negotiated below 15%, subject to the scheme rules and the agreement reached. A third party negligence claim is assessed separately.
Can I claim if nobody was at fault
Yes. Workers compensation is generally a no fault scheme. Whether a lump sum settlement is appropriate depends on your circumstances and the compensation entitlements being settled.
Can I sue a third party while receiving workers compensation
Potentially. A third party claim requires proof of negligence and loss, and any compensation already paid must be accounted for. Have the two claims assessed together before accepting a final settlement.
Talk to a WA work injury lawyer
Separovic Injury Lawyers can review your workers compensation entitlements, any proposed lump sum settlement and whether an employer or third party negligence claim is available. Contact our Perth team for advice about your particular circumstances.