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Some West Australian Workers Compensation Insurers issue a Notice that Liability is Accepted (Form 3A) and state that this is for medical expenses only. By doing these insurers are effectively trying to say that they never made a decision in respect of weekly payments and workers who subsequently need medical payments have to prove their claim before payments can commence.

The acceptance of an insured workers compensation claim is largely governed by a process set out in Section 57A of the Workers Compensation and Injury Management Act 1981. One of the pre-conditions for the coming into operation of section 57A is as specified in paragraph (a) of sub-section (1) “a claim for compensation by way of weekly payments for total or partial incapacity”.

In the case of Nagwa Selwaness v Burswood Resort Hotel Appeal No. CM-26/98 the court decided that Section 57A relates to weekly compensation payments only. If this is the case then a Notice that Liability is Accepted limited to medical expenses only would be meaningless.

Workers who find themselves in a situation where their employer’s insurer has accepted liability for medical expenses only should seek legal advice. It is likely we will suggest a WorkCover application. Foyle legal Personal Injury Lawyers are experts in WorkCover WA workers compensation claims, we act for personal injury victims on No Win No Fee basis. Contact Foyle Legal for an obligation free claim review.