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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.

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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