When are Travel Expenses Payable
Where an injured worker, who has an accepted workers compensation claim in Western Australia, is required by his employer, or a medical, or like adviser, or is advised by his own medical or like adviser, to travel from the place where he resides to a hospital or other place for treatment, or attendance of a kind referred to in Schedule 1, Clause 17 of the Workers Compensation and Injury Management Act 1981 then, the employer shall pay the worker’s vehicle running expenses, at the prescribed rate and any other reasonable fares and expenses incurred by the worker in such travelling and return.
It is important to release that in Schedule 1, Clause 17 of the Workers Compensation and Injury Management Act 1981 it creates an allowance for rehabilitation expenses and on that basis motor vehicle expenses to travel to a rehabilitation provider or a return to work programme would also be payable. These expenses are irregularly claimed by injured workers.
Permanent Impairment Assessments
Where a worker travels for the worker’s degree of impairment to be assessed by an approved medical specialist or an approved medical specialist panel, the employer is liable to pay the worker’s vehicle running expenses, reasonable fares and expenses.
What is the current rate at Which Motor Vehicle Running Expenses are Payable?
This is set, usually on 1 July every year in the Variations in Prescribed Amount and other Workers’ Compensation Payments document which can be found on the WorkCover WA Website. The current rate at the time of writing on 16 September 2017 is $0.46 per kilometre.
How can I claim travel expenses?
Payment of travel costs is best arranged through your employer or their insurer. Keep a record of your travel by recording vehicle kilometres, appointment dates and times, and any public transport tickets or receipts.
The Workers Compensation and Injury Management Act 1981 does not set a prescribed form that will allow an injured worker to claim travel expenses from the workers compensation insurer. Foyle Legal has developed a form which it routinely provides to its clients to make it easy for them to claim travel expenses.
Foyle Legal understands that having an Expert Personal Injury Lawyer is not for everyone and in an effort to spread ease of access to the law throughout Western Australia. Foyle Legal is providing its travel expenses claim form free of charge.
Foyle Legal cannot give any assurances that workers compensation insurers will accept the travel expenses claim form and this travel expenses claim form is no substitution for obtaining legal advice specific to your situation.
Foyle Legal is a personal injury firm that specializes in workers compensation lawyers. If you are an injured worker and have made a claim for workers compensation then Foyle Legal may be able to assist you with your claim on a no win no fee basis. This would include claiming travel expenses from the Workers Compensation insurer through WorkCover WA, the court for workers compensation in Western Australia.
Change of Workers Compensation Law
The Workers Compensation and Injury Management Act 2023 and supporting regulations will take effect on 1 July 2024. This article applies to the workers compensation law before 1 July 2024 under the Workers’ Compensation and Injury Management Act 1981.