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Workers Compensation Claim Payments for Award and Non-Award Workers in WA

Different Workers Comp Payments for different job classifications – Award and Non-Award Workers Under the Western Australian Workers Compensation System

Workers Compensation System for Non-Award Workers

In Western Australia many workers compensation insurers treat injured workers as if they are workers to which an award does not apply.

Injured workers who make a workers compensation claim are often told by the workers compensation insurer that:

  • for the first 13 weeks they will receive a sum similar to their pre-injury wage;
  • then the injured worker’s weekly payments of compensation will drop to 85% of the amount that they received for the first 13 weeks.

Many workers approach Foyle Legal asking why this is the case. This is the system for “non award workers” under the Western Australian workers compensation system. It has a limited application as we have discussed below.

No Win No Fee Lawyers

Our guarantee to all qualified personal injury clients is that we don’t charge upfront legal fee unless you receive an award. Once you successfully receive compensation, we will try our best to recover most of our legal fees from the insurer to minimise your out-of-pocket expense.

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Workers Compensation System for Award Workers

The workers compensation system in Western Australia is complex and most workers do not know whether they are an award worker or a non – award worker.

Most workers do not think of themselves as an “award worker” because they have an employment agreement with their employer, and the amount they receive is higher than the rate specified in an award relevant to their work. Many injured workers therefore assume that they are not an “award worker” under the WA workers compensation system.

In the case of McMillan v Burrup Fertilisers C12-2011 del. 12 July 2011  it was said

“In my opinion, on the true construction of sub–cl 11(3), a worker‘s earnings are ―prescribed by an award if they are subject to that award, irrespective of whether the contract of employment imports the award into its provisions or was made with reference to its terms.”

In other words, if there is an award that applies to the injured worker’s position then they are subject to that award and are an “award worker”. If there is no award that applies then they are a non-award worker.

While this sounds like an academic distinction the effect can make a big difference to the lives of injured workers. In many situations award workers will continue to receive 100% of their pre work injury wage rather than dropping down to 85%. This can make a big difference to workers and their families over the course of a workers compensation claim which can take years to complete and settle.

Find out more in a video prepared by Foyle Legal:

You can find out more at the Foyle Legal workers compensation page or the Foyle Legal workers compensation FAQ.

If you have made a claim for workers compensation in Perth WA and would like to discuss it further you can contact Foyle Legal on 0408 727 343 or through our email, christian.foyle@foylelegal.com.

Your first consultation is completely obligation free, and we represent workplace injury workers on No Win No Fee basis.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

Foyle Legal exceeded my standards and really helped me with my motor vehicle accident injury claim. I wouldn’t have been able to do it without Foyle Legal.read more
Maddy Grutt
Maddy Grutt
2019-09-06T04:48:01+0000
Would just like to say a BIG THANK YOU to Christian Foyle and his team for helping me with my workers comp claim. I can not say how much I appreciate your help from the very first meeting.Christian took the time to listen to me and Answer all my questions and explain what is a very long and stressful process but how he thought things would go In a way any person could understand he never gave out faults hope or negative feelings was always up front and honest with what is a very difficult time .Thank you thank you so much.If you are in need of legal advice this is the man and company that will go the extra for you give them a call You will be glad you did I know I was .THANK YOU FOR EVERYTHING CHRISTIAN AND YOUR TEAM 😃read more
Ruth N Peter Hardie
Ruth N Peter Hardie
2019-07-29T01:32:12+0000
My experience with Christian and the team was very pleasing and the outcome exceeded my expectations. I would highly recommend them.read more
Nigel Housden
Nigel Housden
2019-07-23T03:16:34+0000
Sending a big thank you to Christian Foyle! - Such friendly & professional service.....Sorting legal documents is not a few of our favourite things! All of our questions were clearly answered, great advice given , so we confidently left with the documents signed, sealed & delivered in just one appointment- an extremely pleasant surprise. Happy to recommend Foyle Legal to everyone 😊read more
Cheryl Lennox
Cheryl Lennox
2019-05-23T12:43:11+0000
Christian Foyle was extremely helpful and helped me to get the best result in my workers compensation claim. Foyle Legal helped me at a WorkCover WA conciliation conference and I would have had a hard time doing it myself.read more
Chris Stevens
Chris Stevens
2019-05-13T02:50:16+0000
Foyle legal is by far the best legal service I have ever come across they went above and beyond for me. I had an extremely complicated case and they were there by my side the whole way. I had the best outcome with EXTREMELY fair prices!! Look no further then foyle legal. A++++++read more
Chloe Teresa
Chloe Teresa
2019-04-13T02:54:17+0000
I found Foyle Legal to be very professional and they met what I expected. I would be happy to recommend them to anyone I know who needs a personal injury lawyer. The workers compensation process was not what I expected and they helped a lot.read more
Teresa Culpin
Teresa Culpin
2019-03-19T06:04:59+0000
I came to see Foyle Legal because I was not sure how much my workers compensation claim was worth. They helped me to negotiate a settlement of my claim and I think I am sure the best possible outcome. These guys are worth contacting if you have any queries. Iread more
Brian Heberley
Brian Heberley
2019-01-14T03:32:30+0000
My injury has been going on for 2 years and I didn’t know what to do. When I first went there, they spent the time to help me, instantly I was clear about what to do next. I have now received my compensation payout and I am happy with the outcome. I have referred them to my friends who have personal injury claims.read more
Jim Keo
Jim Keo
2018-10-31T15:35:41+0000
I was very happy as Foyle Legal got me almost double the amount I was expected for my foot amputation work injury.read more
Tim Martin
Tim Martin
2018-10-31T08:11:34+0000
Explained my workers compensation very well. Very experienced and knows what to do. I am happy with the good time frame. I appreciate your good job with your team thank you.read more
Deklinsman Nkemjika
Deklinsman Nkemjika
2018-10-10T09:16:57+0000
I did not know what to do with my stress related Workers compensation claim. Foyle Legal helped me to get reports from my GP and a psychiatrist. They provided me with as lot of help preparing statements. I am happy I had their representation as i was very stressed and i am happy with the way things turned out.read more
Liliana Andri
Liliana Andri
2018-09-26T04:16:01+0000
I underwent several years of being abused by passengers as a bus driver. Foyle legal helped mw to get the medical reports i needed in circumstances where my gp was slow in providing a report.read more
Karen Nevard
Karen Nevard
2018-08-30T06:49:54+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000
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