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Workers Compensation Claim in Western Australia: FORM 36 Notice to Worker about Termination Date for Election

Have you recently received a Form 36 Notice to worker about termination date election? Foyle legal Personal Injury Lawyers received many enquires about terminate date notice. There many misconceptions about this termination date notice. The most common misconceptions from injured workers are:

  • Their employment will be terminated
  • Their workers compensation weekly payment will be cut off year from the claim is made.

The actual purpose of termination date notice is to inform injured worker that their injury must be reviewed by an approved WorkCover medical practitioner prior to termination date. And, termination date is one year from the date their workers compensation claim is made.

If you are not reviewed by an approved medical practitioner prior to the termination date, there will be no impact to your claim under the no fault workers compensation claim system. However, injured worker should be mindful that the amount you can claim under this system is limited.

If you have reviewed by an approved medical practitioner prior to the termination date, and your assessed whole body impairment is greater than 15%, you may be entitled to pursue a workers compensation common law claim against employer if you can prove that your injury is caused by the negligence of your employer. In general, the amount you can claim under the common law claim is higher than the no fault workers compensation claim amount.

Please note that once you have made a workers compensation common law claim, this may impact on your no fault workers compensation claim amount. If you have received the termination date notice, it is highly recommended that injured worker to consult a workers compensation lawyer prior to your decision is made.

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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Foyle Legal has prepared a short video on the topic about termination date.

If you have further questions in relation to terminate date or any other matters in relation to your workers compensation claim in Western Australia, why not give us a call on 0408 727 343 for an obligation free discussion. We are specialists at workplace injury personal injury claims, and we offer no win no fee solution to most work injury claims.

For those who is interested in the technical definition of “Termination Date”, here are the extracts from both workers compensation act and WorkCover WA for your reference.

  • Workers Compensation Act: “(1) If a claim for compensation by way of weekly payments has been made wholly or partially with respect to an injury, the termination day for an election to retain the right to seek damages in respect of that injury is the last day of the period of one year after the day on which the claim for compensation by way of weekly payments is made unless a later day is fixed by subsection (3) or under subsection (4).”
  • WorkCover Website: “The termination day is the date at which you cease to be eligible to pursue common law damages. The termination day generally falls one year from the date your claim for weekly payments of compensation was made on your employer, however there are some exceptions. For more information contact Advice and Assistance on 1300 794 744.”

 

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.

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
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
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
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