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Workers Compensation for Older Western Australians

Until 1 October 2011, Workers Compensation and Injury Management Act 1981 (the Act) used to prescribe that workers would only receive benefits until the age of 65, and if the worker was over the age of 64 at the time of the injury then the worker only has an entitlement to one year of weekly

Until 1 October 2011, Workers Compensation and Injury Management Act 1981 (the Act) used to prescribe that workers would only receive benefits until the age of 65, and if the worker was over the age of 64 at the time of the injury then the worker only has an entitlement to one year of weekly compensation.

The Parliament has recognised that for a lot of Australians, retiring at the age of 65 is not desirable or financially possible, and have amended the Act. The new amendments to the act state that:

  • remove age-based limits on workers compensation entitlements;
  • extend the workers’ compensation safety net to enable workers employed by uninsured employers to receive common law entitlements; under certain circumstances. The amendments also make it mandatory for all employers to have insurance covering both statutory and common law liabilities;
  • restructure the dispute resolution system; and
  • address legislative anomalies and inefficiencies.

It is worth noting that the changes to the act only apply to injuries after the amendments, and the effects are not retrospective to older injuries before the amendments to the Act.

The amendments to the act are clearly positive news for workers, but workers should beware that insurers’ are always looking for ways to limit your liability. In older Western Australian workers this often means sending you to a doctor used by the insurance company who will say that your ongoing symptoms are being caused by a condition you had earlier in your life.

It is common for workers to be served with a document called a Notice To Worker of Intention To Discontinue or Reduce Payments. This is a very important document, and if you do nothing your weekly payments will be cut off. It is likely that there will be other evidence (such as evidence from your General Practitioner or other Specialists) you can use to dispute the notice and you will need to lodge an application with WorkCover.

If you have a query concerning a workers compensation matter call Foyle Legal for your obligation free consultation. At Foyle Legal we offer a no obligation free consultation for personal injury matters and we take your matter on a no win no fee basis. This means that if you are not successful, you do not have to pay us but if you lose your case then you may have to pay the other party’s legal costs.

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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