Brain injury Compensation Lawyers in Perth & WA

If you plan to take legal action, documenting the extent of your brain injury and its impact on your life is an important first step. Head & brain injuries are complex, and personal injury claims for traumatic brain injuries can take years to settle. Once you started on the wrong foot, it may have a significant impact on your compensation settlement, which may stop you from moving on adequately with your altered lifestyle for the rest of your life.

If you are dealing with brain injuries and have made a brain injury compensation claim. It is highly recommended that you consult a specialist personal injury compensation lawyer.

Please be aware that strict time limits apply for different types of injury compensation claims. If you made a personal injury compensation claim for your traumatic brain injuries or acquired brain injury, please be sure that you seek legal advice as soon as possible.

In accordance with Section 14 of the Limitation Act 2005 (WA) An action for damages relating to a personal injury to a person cannot be commenced if 3 years have elapsed since the cause of action accrued. Separate limitation dates apply in respect of a workers compensation injury.

Workers Compensation (WorkCover WA)

For brain injury compensation through the workers compensation scheme, the key driver is your impairment rating from an approved assessor. Higher Whole Person Impairment (WPI) generally means higher lump-sum permanent impairment entitlements, alongside weekly income payments, medical/rehab, and return-to-work supports. Severity labels such as mild brain injury, moderate brain injury, severe brain injury, or catastrophic brain injury help describe functional impact (thinking, behaviour, work capacity) and often inform WPI. Medical reports may reference mechanism/diagnosis—concussion, brain bleed/haemorrhage, brain bruise (contusion), brain swelling, anoxic/hypoxic brain injury, shearing brain injury (diffuse axonal injury)—which guide imaging, neuropsychology, and ultimately your rating and payout.

Other Compensation (ICWA and Public Liability)

Common law claims (e.g., ICWA motor vehicle or public liability) focus on fault and loss rather than a statutory WPI scale. Severity (mild/moderate/severe/catastrophic) still matters, but value turns on general damages (pain and suffering, where thresholds apply), past and future economic loss, care and support, and treatment/assistive technology—all proven with medical and neuropsychological evidence. Diagnoses such as concussion, diffuse axonal injury, brain haemorrhage, or anoxic brain injury affect prognosis and earning capacity, which drive settlement value.

Not sure as to the path that fits your case? Foyle Legal maps your diagnosis and severity to the correct pathway—workers compensation, ICWA, or public liability—and coordinates the medical evidence to maximise your brain injury compensation.

Head trauma from fall is the leading cause of traumatic brain injury in Australia. Depending on the causes of your fall, you may qualify for one or more of the following claims:

• Workers compensation claim
• Public liability claim
• Criminal injuries compensation claim
• Serious & catastrophic injury claim
• Other negligence-related injury claims

CIS Scheme

A head injury after a motor vehicle accident or car accident often results in motor vehicle accident injury claim, however, there may be other ways that injured people can seek compensation for brain injury. For example, If you suffered a catastrophic brain injury in a car or motor accident and are unable to establish negligence or another driver, you may claim support through Catastrophic Injuries Support (CIS) scheme. In WA, the catastrophic injuries support scheme provides medical treatment, care, and support for catastrophically injured people over their lifetime.

Insurance Claim

In addition to pursuing your rights under compensation law, depending on the severity of your injury, you may also be compensated by making an insurance claim. For severe brain injury, it is often the case that you can claim benefits under your trauma cover or TPD insurance. Regardless of how the brain injury occurred, a person’s rights to compensation must be fully explored.

In WA, rehabilitation after brain injury often includes occupational therapy, physiotherapy, speech therapy, neuropsychological testing, and access to major hospitals like Sir Charles Gairdner, Royal Perth, Fiona Stanley, or regional neuro-rehab centres.

Foyle Legal guides clients to specialist care and support for maximising your compensation and recovery.

Often yes—if you’re under 65, meet residency rules, and your brain injury causes permanent, significant disability. If your injury is covered by ICWA’s Catastrophic Injuries Support (motor vehicle or workplace), NDIS can fund different supports but won’t duplicate what CIS already pays.

• See our Spinal Cord Injury Compensation in WA guide for life-care, rehab and compensation steps, including ICWA/WorkCover WA/NDIS coordination.
• If your injuries are catastrophic, read our Catastrophic Injury Claims in WA page to understand CIS (ICWA) vs NDIS and how we secure lifetime supports.

Compensation often covers mobility aids, cognitive rehabilitation software, modified vehicles, and home modifications to improve independence after brain injury. Foyle Legal identifies these costs and works to include them in your WA claim.

Family and carers can access Carer Allowance/Payment, Carer Gateway counselling and respite, and—where the injured person is eligible—NDIS respite and supports. For crash/work injuries accepted into ICWA’s CIS, necessary and reasonable attendant care and respite can be funded.

In your compensation claim, we also seek damages that recognise the cost of paid care and gratuitous family care provided to you. We coordinate these streams so support is covered without duplication.

Yes. In WA, children can access school learning adjustments and education-support services, specialised brain injury rehabilitation at Perth Children’s Hospital, and—if eligible—NDIS Early Childhood supports.

For serious crash or work injuries, ICWA’s Catastrophic Injuries Support may fund long-term care. Parents/guardians can bring a personal injury claim on the child’s behalf.

It depends on your injury severity, earning impact, and care needs. WA law applies thresholds to pain-and-suffering damages, and workers’ compensation has indexed statutory limits for certain benefits. Serious brain injuries can result in high-value claims where lifetime care and future earnings are proven. We’ll assess your medical and economic evidence and give you a tailored estimate—No Win No Fee.

Yes. Foyle Legal assists clients across all of Western Australia, including regional and remote areas. We offer phone and video consults, help you access local rehabilitation, and ensure your claim is not limited by your location.

Psychological conditions like PTSD, anxiety, and adjustment disorder often occur after brain injury. Foyle Legal includes these injuries in your claim, ensuring you receive compensation for both physical and psychological impacts, and support for specialist mental health treatment in WA.

Start here: our WA Personal Injury FAQs, the Foyle Legal Blog, and our podcast. Plain-English guides, updates, and real WA case insights.

• WA Personal Injury FAQs — quick answers on ICWA, WorkCover WA, public liability, time limits, payouts.
• Foyle Legal Blog — latest WA claim tips, case studies, and insurer tactics.
• Podcast: Personal Injury Claims Explained — short episodes on WA claims you can listen to anytime.

→ Ready to check your eligibility? Free Claim Check.