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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.

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 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
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+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
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
Suman Thilak
Suman Thilak
2017-09-22T05:29:20+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