Here’s what you need to know.
Suffering an accident at work that causes an injury can be a tough experience.
Employers have a responsibility to take care of their workers, so if you have had an accident at work, regardless of whether the accident happened because it was a complete accident or because of negligence, you might be entitled to make a workers compensation claim. Trying to work your way through the legal process while injured can be stressful so we recommend getting legal help from Perth workers compensation lawyers. At Lian Hall Injury Law we can offer a no win no fee arrangement to give you the best chance of accessing the benefits provided under the workers compensation system.
Can I make a claim?
Workers compensation in Perth is regulated by the Workers Compensation and Injury Management Act. That system is managed by WorkCover WA. Under the workers compensation system in WA, all businesses that employ people must take out Workers Compensation Insurance so that if a worker gets injured while at work they will be covered for any lost time, treatment expenses etc. Therefore to claim workers compensation you need firstly to be a worker or an employee. In some circumstances a self-employed director of your own company will qualify. Secondly you need to have suffered an injury. An injury can be a physical injury, or an illness, such a disease or a respiratory condition or a stress or a psychological injury. Thirdly the injury must have happened at work, or, must have been caused significantly by your work. Lastly, you must have suffered loss, such as lost wages or treatment expenses.
Seeking legal advice from workers compensation lawyers Perth as soon as possible after an incident is key, with experts able to advise you on your accident and determine whether your accident qualifies for workers compensation Perth.
How do you make a claim for workers compensation
All claims must start with 2 essential documents: you must get a First Certificate of Capacity from your doctor, and you must complete a Workers Compensation Claim Form. You must then hand both of those to your employer.
Your employer will then give those to its Workers Compensation Insurance company. The insurance company will then assess your claim to see that you qualify for cover ie: that you are a worker, that you have suffered an injury, that the injury happened at work, and that you have suffered lost time and treatment expenses.
It may take some time for the insurance company to get back to you with their decision. If they take too long you can file a dispute at WorkCover.
WorkCover is the State Government agency with the authority and power to oversee the workers comp scheme in WA and to make decisions on disputes in claims.
Some work injuries are not just accidents, but they happened in circumstances where your employer could have prevented the accident from happening. If you believe that your accident and injury were preventable then you may have access to a common law claim. The Workers Compensation and Injury Management Act sets out a number of gateways before you can make such a claim. The most known gateway is the degree of whole person impairment threshold. The degree of whole person impairment must be assessed by an approved medical specialist on the prescribed forms. If you have the required degree of whole person impairment then you could get advice on the factual circumstances of your accident to see whether negligence is provable.
Experienced workers compensation lawyers Perth
Working as WA workers compensation claim lawyers Perth for over 20 years has cemented Lian Hall’s place as one of the local leaders for workers compensation claims.
For further details on your suitability for workers compensation, or more information on our services as premium public liability lawyers Perth, please get in touch today to arrange your free initial consultation.