Fly-In-Fly-Out Workers Compensation Lawyers Perth WA

Workers compensation in WA covers all employees, part-time workers, full-time workers, apprentice, temporary workers, and casual workers (though a small minority of workers may be within a different scheme).

If you are employed through a contracting company or labour hire company, you may be able to claim workers compensation benefits from your employer and sue your host employer in negligence (i.e. have two claims with different benefits).

If you are unsure what benefits you are entitled to claim, please contact Foyle Legal. We are rated as one of the best personal injury lawyers in Perth specialises in workers compensation.

If you are not Australia citizen or permanent resident but hold a valid work visa, you are generally entitled to workers compensation like other fly-in-fly-out workers. Even if your work visa has ran out, you may still entitled to fly in fly out workers compensation if you are injured at work in WA, and meet the definition of worker.

The workers compensation legislation has provisions allowing an illegal contract of employment to be treated as a legal contract of employment.

For FIFO workers, the time limit to make a workers’ compensation claim is the same as for any worker in WA: generally within 12 months of the injury (or death).

You should lodge as soon as practicable by giving your employer a Workers’ Compensation Claim Form and a First Certificate of Capacity from your doctor. Delays can make the claim harder—insurers and employers may argue they’re prejudiced by late notice or that the injury is not work-related—so early reporting and lodging are important. In many mine, construction, and oil & gas operations, supervisors or HSE teams will provide the claim form immediately after an incident; use it and keep copies.

If you’re pursuing common law damages against your employer, you’ll generally have 3 years from the date of injury to start court proceedings, but you cannot file until you’ve obtained an approved Whole Person Impairment of at least 15% and made (and had registered) a formal election to pursue common law. If your claim is against a third party (e.g., another contractor or a negligent driver), you generally still have a 3-year limitation period, but no WPI or election is required.

If you’re close to the 12-month claim window—or the 3-year court deadline—get advice promptly. Late claims can sometimes proceed, but they’re more complex and contested. Please note special limitation periods apply to people under the age of 18 years.

Here’s how much you can claim under WA’s indexed workers’ compensation settings for 1 July 2025–30 June 2026 (figures update each year):

• Statutory workers’ compensation (no-fault): Weekly income payments are available up to the General Maximum Amount / Income Compensation General Limit ($273,220). Separately, Medical & Health Expenses have a general limit of $163,932, and Workplace Rehabilitation Expenses have a limit of $19,125. Your Whole Person Impairment (WPI) still affects any permanent-impairment entitlements and settlement options.

  Common law (employer negligence) – WPI less than 25%: If you meet the negligence threshold but your WPI is under 25%, the maximum damages is $573,766 (before statutory deductions).

• Common law (employer negligence) – WPI not less than 25%: No statutory maximum applies (damages are uncapped, subject to ordinary court principles).

• Dependency claim (workplace fatality): The indexed dependant lump sum is $683,050, plus a weekly eligible dependent child allowance of $161 per child, and funeral expenses up to $12,477. (Payment mechanics are set out in the Act and orders.)

If you’re a FIFO worker (or any worker), these limits still apply. We’ll map your WPI, income, and treatment needs against the current caps and pursue any common law pathway available to maximise your overall recovery.

If your workers’ compensation claim is accepted in WA, you can generally access:

• Weekly income payments while you’re totally or partially unfit for work.

• Medical and hospital costs — GP/specialist visits, imaging, tests, surgery, medication.

• Allied health treatment — psychology/psychiatry, physiotherapy, OT, exercise physiology, chiropractor, counselling.

• Rehabilitation and return-to-work support — injury management plans, graded duties, workplace rehab services, and (where appropriate) vocational assessment or retraining.

• Travel (and, if necessary, accommodation) costs to attend approved treatment or assessments.

• Aids, appliances and supports — braces/splints, crutches, hearing devices, and approved home or vehicle/workplace modifications to help you function or return to work.

• Workplace rehabilitation expenses — services and programs that support a safe, durable return to work.

• Permanent impairment compensation — a lump sum if an approved assessment confirms lasting impairment (including industrial hearing loss).

• Death benefits (in fatal cases) — funeral expenses and dependency payments for eligible dependants.

• Settlement by lump sum — in many cases, the insurer and worker may agree (and register) a settlement that commutes remaining statutory entitlements to a final lump sum.

If you’re unsure what you can claim, we’ll match your injury and treatment needs to the specific benefits available and make sure they’re paid.

Foyle Legal has helped many fly-in-fly-out workers in WA. Our clients include but limited to:

• fly-in-fly-out electricians
• fly-in-fly-out mine workers
• fly-in-fly-out underground mining workers
• fly-in-fly-out graders
• fly-in-fly-out oil & gas workers
• fly-in-fly-out construction workers
• fly-in-fly-out inter-state workers
• fly-in-fly-out nurses
• fly-in-fly-out maintenance supervisors
• fly-in-fly-out truck drivers
• fly-in-fly-out grader drivers
• fly-in-fly-out diesel mechanics and heavy duty mechanics
• fly-in-fly-out managers
• fly-in-fly-out labourers
• fly-in-fly-out drillers offsiders
• fly-in-fly-out OSH consultants
• fly-in-fly-out welders

You shouldn’t lose your job simply because you make a workers’ compensation claim. In WA’s new scheme, once you have an incapacity from a work injury your employer has a 12-month “employment obligation period” during which they must offer you your pre-injury job if reasonably practicable, or a suitable alternative role that matches your qualifications, capacity and is comparable in status and pay.

During that same 12-month period, your employer must not dismiss you solely or mainly because you’re totally or partially incapacitated.

If they intend to dismiss you for any reason, they must give at least 28 days’ written notice in the approved form. These are offence-backed obligations.

The law doesn’t stop a lawful dismissal (for example, genuine redundancy or serious misconduct), and your right to the pre-injury job doesn’t apply if you are lawfully dismissed. But your employer also has return-to-work duties (including establishing a return-to-work program) and must cooperate in facilitating your return. If you’re labour-hire, the host must reasonably cooperate with the labour-hire employer on your return to work.

If you’re worried about redeployment, redundancy, or a dismissal notice while you’re on claim, get advice quickly—we can review whether your employer is meeting these obligations and help you enforce them if needed. We can also take action to make sure your workers compensation benefits continue.

FIFO and mining workers in Western Australia regularly claim for a wide range of injuries, including fractures, back injuries, repetitive strain injuries (RSI), shoulder injuries, hand or wrist injuries, and mental health conditions like PTSD. To see the most common work injuries and find out what you may be entitled to claim, visit our Common Injuries page for WA mine and resource sector workers.

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.

Different no win no fee lawyers have different cost agreements. At Foyle Legal, No Win No Fee means we don’t charge you legal costs unless we get a settlement payout for you.

Foyle Legal does not charge percentage or contingency fees. We bill for the actual work done on your personal injury claim. When your claim resolves successfully, the insurer will usually contribute to your legal costs, so you typically pay only the gap between what the insurer pays and our billed costs (plus any agreed disbursements). We’ll explain costs upfront, keep you updated, and we never take a percentage of your compensation.

Statewide. We help Perth metro and regional WA – in person or remotely – for ICWA motor accidents, WorkCover WA claims and public liability. Book a free consult.

WA Locations we regularly serve:

• Perth Metro (within ~100km of CBD; incl. Midland, Malaga)
• Albany – Great Southern
• Broome – Kimberley
• Bunbury – South West
• Busselton – Capes Region
• Geraldton – Mid West
• Kalgoorlie-Boulder – Goldfields
• Karratha – Pilbara
• Northam – Wheatbelt
• Port Hedland – Pilbara

Personal injury claim focus areas:

• ICWA motor vehicle accident claims
• Workers’ compensation (WorkCover WA)
• Public liability claims
• Medical negligence
• Fatal injury (wrongful death)
• Criminal Injuries Compensation (victims of crime)
• Catastrophic injuries
• TPD & Insurance claims

→ See the common injuries we handle. Book a free consultation.