I had an underground mine car accident at work. At first I didn't think about the long term effect but then Foyle Legal helped me with my workers compensation claim and my motor vehicle accident injury claim. I got a good payout and I am happy with the work Foyle Legal did for me.read more
I did not know what to do when I had a work injury. At first I made a claim for income protection, then Foyle Legal. Help me to get medical evidence in relation to my case. One of the doctors they sent me too was really good and gave me his card. I did not like the other doctor. Thank you very much. They also helped me with other things as my English is not the best.read more
I worked in the deli section at Woolworths. I had a few injuries and made a claim for workers compensation. Foyle Legal helped me to get medical evidence on my injuries and through the process at WorkCover WA. I did not know anything about workers compensation process and English is not first language. I would like to thank everyone at Foyle Legal and I will recommend them to my friends!read more
It has been quite easy working with Foyle Legal who has gone beyond expectations and has got me an outcome that I believe is sufficient. I would recommend Foyle Legal to anyone to anyone who needs someone to work for their benefit in a personal injury claim.read more
I am originally from Afghanistan. Foyle Legal helped me with my workers compensation case at a time when my English was not very good. They met with me and my friend and we communicated that way. At first the workers compensation insurance company made low offers to me but Foyle Legal helped me to settle my case for a better amount of money. They did not hurry me and tried to make sure I go through every option for treatment of my injured hand.read more
I really appreciate Phillip and Christian handling my workers compensation claim well. They worked with me to achieve a financial outcome in relation to my injuries from work. I would definitely use them again and recommend them to other people.read more
I had a workers compensation claim which was going nowhere. Foyle Legal helped me to go through the WorkCover process and settle the claim. The outcome was several times better than the original offer that was made to me to settle the claim by the insurer.read more
I live in Europe and the Foyle Legal team was able to assist me with my claim remotely. Dealing with time zones and different medical report requirements wasn't easy, but Foyle Legal managed it well. I am happy with my compensation payout, and they really make the process straight forward for me. They worked hard to get a good payout for me. I would definitely use them again.read more
Attended both Foyle Legal offices in Perth. They are great pi lawyers. I would not hesitate to refer them as personal injury lawyers for any matters relating to accident injury compensation in WA.read more
we met Foyle Legal after being with another law firm. We have been given the best advice since we have been with them regarding my workers compensation claim. They fight the insurer to get the right amount in the right amount of time.read more
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.
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.
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, firstname.lastname@example.org.
Your first consultation is completely obligation free, and we represent workplace injury workers on No Win No Fee basis.
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.
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
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
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
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
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
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
I had a workers compensation claim and the insurer wanted to fight me about whether I was entitled to weekly payments of compensation. Foyle Legal helped me to get medical evidence regarding my case, they were quick and very helpful and provided excellent service in relation to my personal injury claim.read more
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
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
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