6/2 Carson Road,
Malaga, WA 6090
Hundreds Of Customers Trust Foyle Legal
Work Injury Compensation for Fly-In-Fly-Out Workers
What type of FIFO workers are covered by workers compensation benefits?
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 contracted through a contracting company, you may also be entitled to claim workers compensation against your contracting agency. 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.
482 and 457 visa holders – Can I claim workers compensation if I am not a permanent resident?
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.
How long do I have to make a fly-in-fly-out workers compensation claim?
The time limit for making a fly-in-fly-out workers compensation claim is the same as other workers compensation claim. This is generally within 12 months following the injury but it is recommended the claim be made as soon as possible. Please see Section 178 of the Workers Compensation and Injury Management Act 1981 for more detail.
It is important to realise that delays in making a workers compensation claim can result in the insurance company and employer arguing that they are prejudiced be late notice of the workers compensation claim.
You cannot pursuit any common law proceeding after limitation date which is 3 years from the date of accident (three years minus one day).
Many mining companies, contraction companies or oil and gas companies supply injured workers with a workers compensation claim form immediately after the accident.
If you have decided to claim workers compensation benefits, it is the most beneficiary to you if you make the claim as soon as practicable. If you do not make a claim as soon as practicable, insurance company often alleged that your accident is not work related, and thus, reject your workers compensation claim.
How much workers compensation payment can I claim?
All injured workers, including Fly-In-Fly-Out workers can only claim up to the prescribed amount. The prescribed amount is the maximum compensation payment you are entitled to claim for your specific type of injuries. Your whole person Impairment Rating (WPI) plays an important part on the maximum compensation payment amount you can receive. For the 2020/2021 financial year, the maximum payment amounts are:
- Statutory Workers Comp Claim (No Fault Workers Comp Claim) – If your WPI is less than 15%, the maximum compensation payment you can get is $235, 971 for weekly payments of compensation (current in 2020) and any permanent impairment plus an amount for statutory allowances.
- Limited Common Law Claim – If your WPI is more than 15% but less then 25%, and you can prove that your employer is negligent in causing your workplace injury, the maximum compensation payment you can get is $494,542 minus workers compensation payments to date (current in 2020)
- Unlimited Common Law Claim – If your WPI is higher than 25% and you can prove that your employer is negligent in causing your work injury, the maximium compensation payment is uncapped.
- Dependency Claim for Workplace Fatality – the maximum lump sum payable to Dependents of workplace death is $589,928 (Current in 2020)
If you are a fly in fly out worker and made a workers compensation claim. Contact Foyle Legal for your obligation free consultation. We won FIFO workers compensation cases. We can do the same for you!
What compensation and benefits do a fly-in-fly-out workers compensation claim cover?
If you have an accepted workers compensation claim in WA. You are generally entitled to claim:
- weekly salaries while you are on workers’ comp
- reasonable medical and treatment expenses
- reasonable personal care and household expenses – at home care, home modifications or car modifications, etc
- reasonable travel expense for the medical and treatment related journey
- rehab expenses
- allied health expenses – as occupation therapy, physiotherapy, chiropractic, etc
- Lump sum settlement payout
What types of fly-in-fly-out workers have you helped before?
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 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
Will I lose my job if I made a workers compensation claim?
The law is that any workers, including FIFO workers should not be discriminated because they have made a workers compensation claim.
In reality, we found FIFO workers often earn higher income due to higher demand from work. After a work accident, it is very common that the injured worker may have limited ability to do the same job before the injury. As a result, they are either re-assigned to a different role, or make redundant from the role.
Foyle Legal can help you to get the most out of your situation, whatever it is.
NO WIN NO FEE Lawyers for Fly-In-Fly-Out Workers
How do No Win No Fee lawyers work?
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.
What percentage do no win no fee lawyers take?
Foyle Legal do not take percentage fee or contingency fees from your settlement money. We charge based on the work we done for you on your personal injury claim. Once we reach a successful settlement for your personal injury claim, insurance company often cover the most of your legal fee. Your out of pocket legal fee is often small.
Foyle Legal Provides WorkCover Legal Services to all of WA
Foyle Legal is one of the biggest WA’s local personal injury law firms in Perth. We are a 100% WA owned and operated compensation law firm and committed to service clients all of Western Australia. If you have made a personal injury claim in Western Australia, trust your WA’s local personal injury lawyers at Foyle Legal. We have helped hundreds of Western Australians, and we can help you too!
What suburbs in Perth does Foyle Legal provide legal representation to?
Looking for best personal injury & workers compensation lawyers in Perth? Foyle Legal injury compensation lawyers provide legal advice to all suburbs in Perth metro areas and Perth’s surrounding areas.
North of the river – Northern Suburbs
Ballajura, Bassendean, Bayswater, Beechboro, Carine, Carramar, Clarkson, Connolly, Currambine, Dianella, Doubleview, Duncraig, Eden Hill, Edgewater, Embleton, Glendalough, Greenwood, Gwelup, Heathridge, Hillarys, Inglewood, Innaloo, Joondalup, Kallaroo, Karrinyup, Kingsley, Landsdale, Maida Vale, Malaga, Marangaroo, Mindarie, Mindarie Keys, Morley, Mullaloo, Munster, North Beach, Osborne Park, Padbury, Scarborough, Shenton Park, Sorrento, Trigg, Tuart Hill, Wanneroo, Warwick, Waterman, Wembley Downs, Woodlands, Woodvale, Yanchep.
Ascot, Belmont, Carlisle, Kewdale, Newburn, Redcliffe, Rivervale.
Perth Inner City
Burswood, Perth CBD, Northbridge, East Perth, Highgate, Leederville, Maylands, Mount Hawthorn, Mount Lawley, North Perth, South Perth, Subiaco, Victoria Park, West Leederville, West Perth, CBD, Kings Park, Northbridge, Perth.
East Fremantle, Fremantle, Hamilton Hill, North Fremantle, O’Connor, South Fremantle.
South of the River – Southern Suburbs
Alfred Cove, Applecross, Ardross, Attadale, Bateman, Beaconsfield, Beeliar, Bentley, Bibra Lake, Bicton, Booragoon, Bullcreek, Canning Bridge, Canning Vale, Cannington, Casuarina, Cockburn, Como, Coogee, East Victoria Park, Forrestdale, Gosnells, Jandakot, Karawara, Kelmscott, Kwinana, Melville, Mount Pleasant, Palmyra, Shelley, Spearwood, Success, Wattle Grove, Welshpool, Willetton, Wilson, Winthrop.
Churchlands, City Beach, Claremont, Cottesloe, Crawley, Daglish, Dalkeith, Floreat, Mosman Park, Mount Claremont, Nedlands, Swanbourne, Wembley.
Armadale, Bedfordale, Bickley, Byford, Carmel, Chidlow, Darling Downs, Darlington, Forrestfield, Gidgegannup, Glen Forrest, Gooseberry Hill, Greenmount, High Wycombe, Hovea, Jarrahdale, Kalamunda, Karragullen, Lesmurdie, Mount Helena, Mundaring, Mundijong, Orange Grove, Parkerville, Paulls Valley, Pickering Brook, Roleystone, Stoneville, Wungong
Baskerville, Belhus, Bellevue, Brigadoon, Bullsbrook, Caversham, Ellenbrook, Guildford, Hazelmere, Henley Brook, Herne Hill, Middle Swan, Midland, Midvale, Millendon, South Guildford, Swan Valley, The Vines, Upper Swan, Viveash, West Midland, West Swan, Whiteman
Does Foyle Legal provide Legal Representation to surrounding areas of Perth?
Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This includes but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.
Avon Valley, New Norcia, Northam, Other Avon Valley Areas, Toodyay, York, Clackline, Wooroloo
North Coast & Valleys
Bindoon, Chittering, Gingin, Guilderton, Lancelin, Ledge Point, Lower Chittering, Moore River, Neeragabby, Upper Chittering, Wanerie, Woodridge
Mandurah, Peel Coast, Peel Inland, Baldivis, Barragup, Boddington, Dawesville, Dwellingup, Falcon, Greenfields, Halls Head, Karnup, Mandurah, Mandurah East, Meadow Springs, Pinjarr, Port Kennedy, Quindanning, Ravenswood, Rockingham, Rockingham Beach, Safety Bay, Secret Harbour, Serpentine, Shoalwater, South Yunderup, Wannanup, Waroona, West Pinjarra
Does Foyle Legal provide legal service to clients in Regional WA?
Yes, Foyle Legal service all of WA, including remote or regional areas of Western Australia. Check out our the services we offer in your area.
- Kalgoorlie – Boulder
- Port Hedland