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Vital Aspects of a Statutory Benefits Workers Compensation Settlement

Background to WA Workers Compensation Payments

Under the Workers Compensation and Injury Management Act 1981 workers who have an accepted workers compensation claim are entitled to:

  • reasonable medical and allied health treatment expenses
  • compensation for loss of wages
  • reasonable workplace rehabilitation expenses
  • travel and other expenses

Upon settlement you may also be entitled to a benefit representing the extent of the permanent impairment to your body.

Free Workers Compensation Payout Assessment

Book in for an obligation free Workers Compensation payouts and permanent impairment payout amounts assessment. Let us show you how we get a better compensation payout for you!

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Medical review regarding permanent impairment

Before settlement of a workers claim it is recommended that workers undergo review by an Approved Medical Practitioner.  A full list of these doctors and specialists can be found on the WorkCover website.

If you would like to arrange a medical review with an Approved Medical Practitioner you should provide them with Form AMS 1 Request for Assessment by Approved Medical Specialist of a Worker’s Degree of Permanent Impairment (See Common Law forms section) well before your appointment. The Approved Medical Practitioner will provide you with a notice that your condition has not yet stabilised or an assessment of your permanent impairment.

An assessment of permanent impairment is very relevant to your claim. It states that a certain part of your body is impaired to a certain degree, (e.g. 5% Permanent loss of the full efficient use of the back (including thoracic and lumbar spine)). If the report indicates that a part of your body is impaired as a result of your work injury, this is multiplied by the percentage in the ‘prescribed amount’ schedule to indicate how much money you should be paid for permanent impairment to your body.

 Workers compensation payouts

The amount that you can receive in workers compensation statutory benefits is limited, and is altered by WorkCover WA each year. This is called the ‘prescribed amount’. In some circumstances the prescribed amount can be extended as we have described below. At present the prescribed amounts are as follows:

  • ‘Maximum Payment’ (see explanation below): $206,742.00
  • Medical Expenses: $62,023.00
  • Rehabilitation Expenses: $14,472.00

The Maximum Payment comprises compensation for loss of wages (weekly payments) as well any payment you are entitled to for your permanent impairment. Some workers have a severe injury where they can not return to work and in limited circumstances the maximum payment can be extended. Extensions may also be available to the prescribed amount for medical expenses.

Getting the most out of your WA workers compensation claim

Permanent Impairment / Schedule 2 Benefit

The assessment of permanent impairment is very relevant to your claim. If you are assessed as having a whole person impairment of 15% or more you may be able to bring a negligence common law claim against your employer. If you can make out a common law claim the amount you will receive is generally more than you will receive in the ‘no fault’ workers compensation system.

It is important to choose the right doctor to assess your permanent impairment. In the writer’s view, insurers choose the doctors they will use based on the fact that those doctors provide a relatively low assessment of permanent impairment. Your ability to negotiate a more favourable settlement will increase if you are assessed at a higher level of permanent impairment.

Weekly payments

It is often the case that the only medical evidence that workers have is from the doctors that their employer’s insurer has sent them to. As we have said above, these doctors have been selected as their views will often accord with the views of their instructing insurers.

At the very least, you should obtain a medical report from your general practitioner or treating specialist before you consider settling your workers compensation case. If your general practitioner says that you are unfit for work or partially unfit this provides you with a negotiating tool, where in other circumstances you would have had nothing.

Medical Expenses

It is important to get your general practitioner and appropriate specialist to set out their views regarding what will be needed by way of treatment in the future. If you have any expenses that were not paid for by your employer’s workers compensation insurer, then you should produce the invoices and receipts.

Rehabilitation Expenses

If you have not undergone any rehabilitation at the time of settlement, or you are in the process of being rehabilitated you should bring up rehabilitation expenses as something that will be incurred in the future.

Travel Costs

Many workers do not know that they are entitled to their reasonable travel expenses associated with their claim. Travel expenses can be significant if the worker lives in a rural or remote location.

Obtaining legal advice

If you have made a workers compensation claim, Foyle Legal strongly recommends that workers obtain independent legal advice regarding the settlement of their workers compensation claim. Remember, your employer’s workers compensation insurer is trying to settle your claim for the least amount of money possible.

Call Foyle Legal on 0408 727 343 for an obligation free consultation concerning your workers compensation claim and we will be happy to help you further.

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.

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 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
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