If you’ve been injured in a work accident in WA, your entitlements are determined under the Workers Compensation and Injury Management Act (1981), you should be aware of the following factors:
- You must inform your employer of any injury as soon as practicable after the date of injury.
- There is a limitation period of 12 months to lodge a workers compensation claim form in relation to such an injury, but a claim may still be pursued if Section 178(1) (d) applies.
- The worker may make application for an order for payment of weekly entitlements and also for reasonable expenses incurred or likely to be incurred in relation to hospital
, medical and rehabilitation expenses and other ancillary costs. The amount for such expenses may be extended where the prescribed amount is inadequate.
- In the case of permanent total incapacity, a worker may apply for an order extending the liability of weekly payments beyond the prescribed amount.
- Where there is a permanent impairment from the injury, the worker may be entitled to a lump sum payment calculated in accordance with Schedule 2 of the Act.
- Where the degree of permanent whole person impairment is at least 15%, the worker may elect to pursue a common law damages claim. The termination date for election to retain the right to seek common law damages is 12 months after the day on which the claim for weekly payments is made, but may be at a later date under Section 93M (3), where there is a delay in determination of liability, or an extension is granted by the Director under Section 93M (4).
- The Notice of Election by the worker must be registered with the Director of WorkCover WA before the expiry of the termination date.
- There is a limitation period of three years to commence court proceedings.
For legal assistance with your workers compensation claim, just contact our firm for legal advice on your entitlements. We believe in delivering practical, professional help in offering a personalised service that’s both affordable and efficient.
For clarity on all these matters and what is the best course of action for your claim, call Peter J. Griffin & Co for practical legal advice.
With more than 40 years’ experience in the legal profession, you can rely on the skills and experience of Peter Griffin to ensure that your full entitlements are pursued.