Have You Been Injured at Work and Can’t Go On?
Work Injury and Illness Compensation
Have You Been Catastrophically Injured?
Catastrophic injuries compensation can be significant.
Separovic Injury Lawyers Can Help
Frequently Asked Questions
I have Suffered an Injury / Illness at Work. Can I Claim Compensation?
- work full-time, part-time or casually;
- work seasonally or on commission;
- work for a wage or a salary;
- work as a contractor, sub-contractor or working director;
- work under a contract of service or apprenticeship;
- are an overseas worker;
- are over the age of 65;
- are employed in Western Australia but your work related incident occurred interstate or overseas; or
- if you resigned from, were terminated or made redundant by the enterprise where you suffered your injury or illness.
What Exactly is a 'Work Related' Illness or Injury?
- Injuries that occurred while working;
- Injuries that occurred while travelling for work;
- Injuries that occurred while receiving medical treatment or undertaking a return to work program for a separate work injury;
- Diseases that were materially caused by work; and
- Diseases or pre-existing medical conditions that were aggravated to a significant degree or made worse by work.
Can I Claim for Stress, Anxiety, Depression or Other Mental Illnesses?
- Work pressure—mental stress arising from work responsibilities and workloads, deadlines, organisational restructure, workplace conflicts and workplace performance or promotion issues;
- Work-related harassment &/or workplace bullying—repetitive assault and/or threatened assault by a work colleague or colleagues; and repetitive verbal harassment, threats, and abuse from a work colleague or colleagues;
- Exposure to workplace or occupational violence—includes being the victim of assault by a person or persons who may or may not be work colleagues; and being a victim of or witnessing bank robberies, hold-ups and other violent events;
- Exposure to traumatic event—disorders arising from witnessing a fatal or other incident;
- Suicide or attempted suicide—includes all suicides regardless of circumstances of death and all attempted suicides;
- Other mental stress factors—includes dietary or deficiency diseases (Bulimia, Anorexia); and
- Other harassment—being the victim of sexual or racial harassment by a person or persons including work colleague/s.
What if I Was at Fault or Negligent and my Employer Wasn't?
What Entitlements Can a Workers' Compensation Claim Provide?
- first aid, paramedic and ambulance costs;
- medication and prescriptions;
- medical or surgical treatment;
- nursing services;
- X-rays, CT and CAT scans, MRI’s and Ultrasounds;
- medical aids and equipment;
- treatment by medical or rehabilitation specialists;
- dental treatment;
- physiotherapy services;
- chiropractic services; and
- other medical treatments, including occupational therapy, speech pathology, exercise physiology, osteopathy and clinical psychology.
- travel expenses incurred whenever you are required by a medical practitioner, your employer or their insurer to attend a medical or rehabilitation appointment; and
- reasonable accommodation and meal expenses for workers required to travel long distances in order to seek treatment or rehabilitation.
What Is a Common Law Claim?
- you must have a whole person impairment of at least 15 %; and
- it must be proved that your injury was caused by your employers negligence in failing to maintain a safe workplace/system of work.
How Can I Make a Workers' Compensation Claim?
- Seeking medical attention and notifying your employer that you have suffered a work related injury or illness;
- Visiting a medical practitioner of your choosing to obtain a first certificate of capacity;
- Completing the Workers’ Compensation Claim Form (please get in touch if you need assistance completing this form);
- Copying your completed forms and giving your employer the originals;
- Your employer then has 5 days to lodge your workers’ compensation claim application with their insurer; and
- The insurer has 14 days to process your claim and confirm whether it has been accepted, disputed or pended.
How Much Workers' Compensation Can I Claim?
Can I Also Claim Compensation from Third Parties That Were Involved in My Injury?
How Long Will a Work Accident Compensation Claim Take to Settle?
- How serious your injuries are;
- What treatment you require;
- What rehabilitation you require;
- How long it takes for your injuries to stabilise;
- Whether you are able to make a common law claim;
- Whether you are able to make a claim against any third parties; and
- How long it takes to negotiate a settlement with the defendant and their legal representatives.
Why Appoint a Personal Injury Lawyer to Manage My Claim?
What If I Had Pre-Existing Medical Conditions?
Who Pays for My Workers' Compensation?
Can I Make a Claim for a Superannuation Total and Permanent Disability Lump Sum Payment?
Do I Have to Make a Workers' Compensation Claim Within a Particular Time Frame?
Solutions for Common Workers’ Compensation Issues
A work related accident or illness can quickly become one of life’s greatest and most unpleasant challenges. One moment you are happily working away. The next moment you are in a world of pain and left wondering how you will survive.
Have you been injured at work?
Can you claim workers’ compensation?
Suffering from stress, bullying or harassment at work?
Can you claim compensation for mental health issues?
Australian workers are widely recognised as being hard working and willing to tough it out to get the job done. This perception is supported by contemporary data. Here, for example, within the OECD, Australia has the highest proportion of workers working 50 hours or more per week. Recent economic uncertainty, increasing casualisation of the workforce and the threat that AI and automation poses to many traditional jobs have all increased employee concerns about job security. Cultural norms that encourage workers to deal with problems by simply soldiering on, coupled with, an increasingly precarious employment market, creates a perfect storm for injured workers who simply can’t go on.
WorkCover data confirms that from 2014 through to 2018 the number of workers’ compensation claims lodged per annum has fallen by 17%. Interestingly the number of workers’ compensation claims that involved a ‘long duration’ or ‘serious injury’ increased from 28% to 36% over the same period. This data suggests that many injured workers are either unaware they can make a claim for compensation or are too worried about their job security to do so. Disturbingly, the data also suggests that increasing numbers of workers’ may be trying to carry on working while injured in the hope that their symptoms will improve. This situation begs the question – how many more workers’ compensation claims would be made each year if injured workers knew that they could use the services of a plaintiff injury lawyer to ensure they receive the regular wage payments, treatment and lump sum compensation they are legally entitled to.
Being pressured not to claim compensation?
What are you legally entitled to?
Received a Form 36 Notice?
Don’t know what a termination date is?
West Australian employers must have workers’ compensation insurance for anyone who is defined as a ‘worker’ by the Act. The providers of workers’ compensation insurance to West Australian businesses are commonly, large national or multinational corporations. These corporations are required to maximise profits for their shareholders and will never have the best interests of injured workers at heart. In recent years these insurers have struggled to maintain profit margins and have increasingly defended against workers’ compensation claims. Here, the aim of the insurer is to minimise their expenditure on the injured worker’s treatment and compensation. In the majority of claims, the insurer will instruct a defendant lawyer to protect its interests and negotiate with the injured worker on its behalf.
Often the injured worker realises too late that the compensation system requires them for fight for their treatment, compensation and legal entitlements. It is at this stage that we often hear the following concerns raised by workers struggling to deal with their injury:
- they did not receive sufficient information from the employer or insurer about the compensation claim process or their legal entitlements;
- they have had difficulties dealing with the insurer and having their claim admitted;
gaining medical diagnosis and treatment has been hampered by the employer or insurer;
- they have been pressured back to work before their treatment or rehabilitation has been completed;
- they did not know that in an admitted claim the insurer is required to pay for the majority of their legal bill;
- that in an admitted claim they should be paid regular wage payments while they are unfit for work;
- they did not know that a lump sum compensation payment may be available to them and how they should go about negotiating it; and
- they have no idea how to sue their employer and / or a third party, at common law, for negligence and failing to provide a safe work environment.
Wondering why your claim has not been admitted?
Need to know how claims are assessed?
Are social security benefits cut if you are paid compensation?
Can I get Centrelink payments after my claim?
Put simply, injured employees who are not well informed about the workers’ compensation system often miss out on receiving the treatment and entitlements they require to recover and return to work. As we have identified, there are some stakeholders in the workers’ compensation system that benefit from a situation where the injured employee is unaware about how they can successfully deal with a claim. The following section introduces a number of parts of the workers’ compensation system that injured workers often struggle to understand and cope with. If you would like further explanation or clarification of any of these topics please don’t hesitate in contacting Separovic Injury Lawyers for free, no obligation legal advice.