Your Local WorkCover Claims Lawyer Perth

You’re legally entitled to claim if you are a worker and you suffer an injury from your employment. You don’t need to prove your employer was at fault; if a worker suffers an injury from employment, and the worker suffers loss or incapacity, the employer is liable to pay compensation.

Worker – A worker includes someone employed under a contract of service (usually a normal employment contract). Certain contractors can also be treated as workers where they contract to perform work personally and the work is not done in the course of their own trade or business. Labour-hire arrangements are addressed with deeming rules about who is the employer. Working directors can be covered as workers if a policy is taken out on that basis and the policy information requirements are met.

Injury – An injury from employment includes a personal injury by accident, and a disease (including a recurrence, aggravation or acceleration of a pre-existing disease) where the employment contributed to a significant degree. A personal injury by accident is work-related if it arises out of or in the course of employment or while the worker is acting under the employer’s instructions.

Stress Claims – Psychological or psychiatric disorders (including physiological effects on the nervous system) are not injuries from employment if they result wholly or predominantly from reasonable administrative action by the employer, or from the worker’s expectation of such action; this exclusion does not apply if the administrative action is unreasonable and harsh.’

Special exclusions apply to psychological injury claims. A claim will not be accepted where the disorder results wholly or predominantly from reasonable administrative action by the employer—such as performance appraisal, suspension, discipline, demotion, dismissal, retrenchment, or a decision about promotion, reclassification, transfer or other employment benefits—or from the worker’s expectation of such action. This exclusion does not apply if the administrative action was unreasonable and harsh.

This free work injury claim checker may help to provide more information about your workers compensation claim in Western Australia.

Workers’ compensation in Western Australia is a no-fault scheme. You don’t have to prove your employer was negligent to receive workers compensation statutory benefits (e.g. income compensation and medical expenses).

If your injury or work-related illness is connected to your employment, you should be entitled to weekly payments and payment of reasonable medical and rehabilitation expenses—even if the incident was partly or wholly your own fault.

If your claim is rejected or the insurer disputes liability, treatment, weekly payments (called income compensation payments), or your return-to-work plan, we can help. We assess your claim, gather supporting evidence, and deal directly with the insurer on your behalf so you don’t have to.

Where a dispute can’t be resolved, we represent injured workers at WorkCover WA—through conciliation and, if needed, arbitration—to seek timely decisions about liability, weekly payments, and medical costs. Our goal is to protect your income, secure the care you need, and keep your claim moving. Most of these applications result in claims resolving for a lump sum payment.

The most common workers comp claims in WA often involve, but are not limited to the following work injuries:

• Amputation & Limb Loss
• Back & Disc Injury
• Brain Injury Compensation Claims
• CRPS & Nerve Injury
• Eye Injuries & Vision Loss
• Foot & Ankle Injury
• Fracture & Broke Bones
• Hand, Wrist & Carpal Tunnel
• Hip & Pelvis Injury
• Knee Injury Claims Lawyers
• Nervous Shock
• PTSD & Psychological Claims
• Shoulder Injury
• Soft Tissue & Overuse RSI
• Spinal Cord Injury
• Whiplash & Neck Injury

For details on the common injuries we handle, please refer to the common injuries page.

In Western Australia, most people who perform work as employees are eligible to claim workers’ compensation, regardless of residency status or how permanent the job is. This includes part-time, casual and temporary roles, commission-based roles, traineeships and apprenticeships, as well as work trials and seasonal work.

Contractors can also be covered where they personally perform the work and are not carrying on their own trade or business, and labour-hire arrangements are specifically recognised. Limited exclusions apply under the regulations.

Even if there’s a problem with the employment arrangement itself, an illegal contract of employment can be treated as valid for the purpose of a workers’ compensation claim, so an injured person is not automatically shut out from benefits.

Foyle Legal helps injured workers make and manage their claims, challenge rejections or disputes, and represent you through WorkCover WA processes so you can secure weekly payments and medical expenses as quickly as possible.

If you sustain an injury at work, you should take the following steps:

• Seek medical treatment
• Report to your employer
• Request the first certificate of capacity from the medical provider
• Seek legal advice from personal injury lawyers who are specialised in workcover claims to learn about your rights and options

Foyle Legal workplace injuries lawyers in Perth offer obligation free initial consultation. Whether you decide to file a workcover claim or not, we are delighted to assist injured workers in learning about their alternatives.

A workers’ compensation claim can be resolved quite quickly or take a few years. The main driver is medical stabilisation (often called “maximum medical improvement”): once your condition has plateaued and doctors can give reliable opinions about any permanent impairment and future needs, settlement discussions are more productive. Rushing before stabilisation usually means lower compensation and less certain outcomes. Consider the following examples:

Minor Injury: For minor, straightforward injuries where liability is accepted and you recover with conservative treatment, many claims resolve in roughly 1 year. Example: Sam strains his lower back lifting at work, has physio for eight weeks, returns to full hours, and his treating doctor says there’s no lasting impairment. Sam has lingering back pain but he is able to do his job without restriction. Once the medical evidence is in and expenses are tallied, the insurer is often willing to settle promptly. The settlement would be a permanent impairment entitlement and around $2,000.00 for medical expenses (e.g. future GP review and physiotherapy).

Moderate Injury: For moderate injuries that need extended rehabilitation—or where it takes time to see if symptoms persist—allow around 24 months. Example: Aisha suffers a knee injury, completes rehab, and only after nine months is it clear she has ongoing restrictions. An independent medical assessment is arranged, then the parties negotiate based on the impairment rating and future treatment costs.

Serious Injury: For serious injuries, surgery, or complex conditions, expect 18–36 months (sometimes longer). Example: Daniel has a shoulder tear requiring surgery and post-op rehab. Surgeons won’t give a final prognosis until at least 12 months after surgery. Only then can permanent impairment and future economic loss be assessed with confidence, making settlement realistic.

If liability is disputed—say, the insurer argues the injury isn’t work-related, or a psychological injury is excluded—build in extra time for WorkCover WA conciliation and possibly arbitration. That can add several months. Example: Mei’s psychological injury claim is denied. Her matter proceeds to conciliation; if it doesn’t resolve there, arbitration is listed and an outcome may take 6–12+ months depending on timetables and evidence.

A good personal injury lawyer will still aim to keep things moving. We gather the right medical evidence early, organise independent assessments at the right time, press the insurer for timely decisions, and prepare negotiation briefs so that once you’re medically stable, settlement can happen without delay. That usually means faster resolution and better, evidence-based outcomes—weekly payments protected, treatment approved, and a fair lump-sum when appropriate.

In short: simple accepted claims can resolve in a few months but if a permanent impairment is needed it will usually take at least a year; most mid-range injuries settle in 24 months; serious or disputed matters may take 18–36 months or more. The safest general rule is to settle after medical stabilisation—because that’s when the value of your claim can be measured accurately.

Making a workers’ compensation claim in WA usually starts with two documents:

• a Workers’ Compensation Claim Form and
• a First Certificate of Capacity from your treating doctor.

Give both to your employer as soon as possible and keep copies for your records. Strict time limits apply to lodging a claim and to challenging decisions, so acting promptly is important. If you’re unsure about any step, Foyle Legal can guide you through it.

The general time limit to start a claim is 12 months from the date of injury. For fatal accidents, dependants normally have 12 months from the date of death to lodge a claim. Practically, a claim is started by giving your employer the completed form and certificate.

Depending on the circumstances, sometimes succeed even if lodged after 12 months (for example, where there’s a reasonable explanation for the delay or the employer is not prejudiced), but late claims are more complex and often contested. You’ll usually need to explain the delay and provide supporting evidence, and disputes may need to be resolved through WorkCover WA processes. These claims are often settled in WorkCover WA.

Workers’ compensation law in WA changes often and is detailed; the experienced workplace injury lawyers at Foyle Legal manage claims from start to finish—accepted or disputed—gathering medical evidence, dealing with the insurer, and representing you at WorkCover WA to keep your payments and treatment on track.

If you are unsure about how to complete the Workers Compensation Claim Form. Foyle Legal prepared this step by step video on how to complete workers compensation claim form.

The process for workcover stress claim follows the same compensation claim process as physical injury claims. To claim workcover for stress, you need to report your psychological injury to your employer and complete a workers compensation claim form.

Workcover stress claims are frequently denied. And not all Perth workers compensation lawyers are adept in workplace stress compensation. All workers compensation lawyers at Foyle Legal are skilled and experienced in workcover stress claims. Please contact us for your obligation-free initial claim review.

We have represented WA injured workers extensively by providing Workcover WA legal advice. We helped injured workers to reach successful workers compensation settlements with most approved WorkCover WA insurers. This includes (but not limited) to: Allianz, Catholic Church Insurance, GIO, CGU, QBE, Wesfarmers Insurance, WFI, Zurich Insurance, and Insurance Commission of Western Australia (RiskCover).

Foyle Legal has developed a useful WA workers compensation FAQ page to assist you to understand what is involved. If you are a visual person please check out Foyle Legal Workers Compensation WA Youtube Channel. There are several videos that could help you to understand your workers compensation claim in Western Australia.

Foyle Legal has acted for injured workers in all industries with different work-related injuries. These include but not limited to:

• Construction Injury Compensation
• Workers Compensation Stress Claims
• Dependency Claims for Work-related Fatalities Claims
• Work-related Serious Injury Claims
• CRPS workers compensation
• Farm accident compensation
• Mining Accident for FIFO Workers
• Office-related injuries
• Common-Law Workers Compensation
• Electric Shock at Work
• Burns at Work
• Chemical Exposure at Work
• Muscular Injuries and body Stress at Work, such as back & disc injury from lifting, shoulder injuries, knee injuries, spinal injuries, head and brain injury.
• Occupational  asthma and lung disease caused by employment
• Motor vehicle accidents at work

Getting legal help for work injury claims in Perth is straightforward. Contact a WorkCover lawyer at Foyle Legal for a free consultation. We handle all types of workplace injuries, including construction site accidents, mining acccidents, and farm injuries. The process involves:

1. Free initial consultation
2. Assessment of your claim
3. No-win, no-fee representation
4. Maximum compensation pursuit

A lawyer for work injury claims in Western Australia can assist with various workplace injuries:

• Manual handling injuries (back/neck strains, hernias, shoulder tears)

• Falls, slips and trips (including falls from ladders, scaffolds or roofs)

• Construction site incidents (trench collapse, struck-by an object, crush injuries)

• Machinery and plant accidents (unguarded equipment, amputations, entanglement, strain injuries)

• Vehicle accidents at work (cars, trucks, forklifts, delivery riders/cyclists, crush between two work vehicles)

• Repetitive strain/overuse injuries (RSI, carpal tunnel, tendonitis)

• Mining and resources injuries (heavy equipment, remote-site hazards, injuries from driving truck on uneven terrain)

• Warehouse and logistics injuries (pallet jacks, racking, loading docks, manual lifting injuries)

• Agricultural/farm accidents (quad bikes, augers, livestock injuries, farming equipment injuries)

• Electrical incidents (shock, arc flash, burns, struck by lightning)

• Burns and scalds (hot surfaces, steam, chemicals)

• Chemical exposure (dermatitis, respiratory irritation, toxic inhalation)

• Noise-induced hearing loss (industrial deafness, tinnitus)

• Eye injuries (foreign bodies, chemical splashes)

• Heat stress and environmental exposure (dehydration, heat stroke, smoke)

• Infectious disease acquired at work (healthcare, frontline roles)

• Psychological injuries (PTSD, anxiety/depression from bullying, trauma)

• Violence or aggression at work (assaults in retail, hospitality, healthcare)

For more details, please refer to our common injuries page for most common injury types we handle.

If your workers’ compensation claim is approved, you may be entitled to the following benefits up to a prescribed amount established by legislation:

• Income compensation (weekly payments of compensation) for any periods of incapacity for work;
• Reasonable medical, hospital pharmaceutical and other treatment expenses;
• Vocational rehabilitation to assist you in returning to your job;
• Travel expenses associated with medical treatment; and
• Should the work injury result in a permanent impairment of a body part or function then there will be an entitlement to a payment for that impairment.

WorkCover usually reviews the amount that workers are entitled to annually. The most recent workers compensation payout information can be found on the WorkCover WA website.

Please note that additional sums for medical expenses and income compensation may be possible based on the circumstances of your work injury claims. Contact an experienced worker’ compensation lawyer if your weekly payments are ending, or you are reaching to the maximum limit of medical expenses. 

To finalise a workers’ compensation claim by lump sum, you and your employer can enter a written settlement agreement that commutes the employer’s compensation liability to a lump sum and permanently discharges it. The agreement must be in the approved form (there is a standard settlement agreement form) and has no effect until it is registered. Once registered, your entitlement to further statutory compensation for that injury ceases, and the employer must pay the agreed amount within 14 days.

If you are entitled to permanent impairment compensation that lump sum must be included in the settlement. Settlement agreements cannot deal with common-law damages. If your case settles after making a common law settlement there is likely to be a wider ranging settlement agreement.

Because registration ends your statutory entitlements for the injury, it’s critical to get expert legal advice before agreeing to settle.

There’s no set time limit for an insurer to make an offer—some arrive early, others much later. It’s common for workers’ compensation insurers to push for a global settlement (resolving the whole claim in one go).

Offers Without Legal Representation: Early and first offers are usually low because they’re based on one-sided medical evidence (reports the insurer has obtained) and often come before you’re medically stable. Settling too soon can lock you out of weekly payments, treatment, and a fair lump sum for permanent impairment. It is important to know that insurers often do not request a permanent impairment assessment, resulting in a settlement for this part of your claim where you get no compensation at all.

Offer through a lawyer after getting your own medical evidence: A stronger offer typically follows balanced medical evidence—for example, once your treating specialists have reported, or you’ve had an independent assessment of Whole Person Impairment, and future treatment and work capacity are clearer. That’s why experienced WorkCover lawyers focus on timing and evidence: we test the insurer’s reports, arrange appropriate assessments, and only negotiate seriously when the medical picture is reliable.

Bottom line: insurers can make offers at any time, but don’t accept an early offer without advice. The right strategy and evidence can significantly improve both the amount and the terms of your settlement.

Here’s how we maximise your workers’ compensation payout at Foyle Legal:

• Get the right medical evidence. We coordinate reports from your treating doctors, arrange independent specialists and impairment assessments, and commission functional capacity evaluations. Strong, balanced medical evidence increases weekly payments, approves treatment, and supports a higher lump sum.

• Challenge one-sided insurer reports. We test adverse opinions, brief doctors properly, and obtain rebuttal evidence where needed—so early, low offers don’t set the value of your claim.

• Time settlement for the best result. We push for payments and treatment now, but hold off final settlement until your condition stabilises and the evidence supports maximum value.

• Pursue all legal pathways. We advise on common law claims against your employer (where negligence thresholds are met) and third-party claims (e.g., negligent drivers, contractors, occupiers, or product manufacturers) to add compensation that the statutory scheme doesn’t cover.

• Negotiate hard and represent you. We run conciliation/arbitration when needed, prepare evidence-driven briefs, and negotiate settlement terms that protect your future care and income.

Obligation-free enquiry—speak to us early and put the right evidence in place from day one.

It’s a court claim for damages based on negligence. In workers’ comp matters, this usually means suing your employer for failing to take reasonable care (unsafe system of work, poor training, faulty equipment, etc). Damages can cover pain and suffering, past and future loss of earnings, and other losses that the statutory scheme doesn’t fully pay.

Requirements to Sue Your Employer in Negligence: To sue your employer you generally need a Whole Person Impairment (WPI) of at least 15% and you must make a formal election to pursue common law. Strict time limits apply to both the election and starting court proceedings—get advice early.

Can you sue someone other than your employer? Yes. You may have a third-party common law claim (e.g., negligent driver, contractor, labour-hire host, occupier, or product manufacturer). These claims do not require a WPI threshold, but you still must prove negligence and loss. Any workers’ comp benefits you’ve received are usually repaid from the settlement.

We line up the right medical evidence (treaters and independent specialists), test insurer reports, advise on employer vs third-party pathways, protect your election and court deadlines, and pursue the combination of claims that maximises your overall compensation.

The Workers Compensation and Injury Management Act 2023 prescribes time limits in which you must undergo medical review by an approved permanent impairment assessor.

Additionally, there is a time limit you must commence legal proceedings or you lose your right to sue the negligent party. The time limit to commence legal proceedings against your employer is 3 years from the time of injury.

This means you may elect to sue your employer within 3 years of your injury. If you don’t make an election to start the legal proceeding, you may lose your right to sue the negligent employer.

Foyle Legal, personal injury lawyers Perth, help our client at every step of the way to ensure the successful settlement of our worker’s compensation common claims.

Public Liability Claim

If a company other than your employer or an employee of a company other than your employer was responsible for your workplace injury in the course of your work. Then, you will be able to commence Public Liability proceedings against that third party company without having to comply with the workers compensation requirements we have set out above.

Our injury lawyers can help you to make a claim for workers compensation as well as a public liability claim.

Motor Vehicle accident claims

If a work-related injury occurs in a not-at-fault motor vehicle accident, it will often be advantageous for the injured worker to commence proceedings regarding motor vehicle accident claims.

The manner in which workers compensation law interfaces with motor vehicle accident claims is complicated. Foyle Legal has a team of workplace injury lawyers and car accident lawyers. We can help to guide on car accident claims as well as the workcover claim.

TPD Claims

The benefits under the law of workers compensation are limited and often not enough for a person who is totally and permanently disabled (TPD) to live in the longer term. Foyle Legal also specialises in Total and Permanent Disability claims and can provide expert advice as to whether this is a possibility.

As experienced construction site injury lawyers and farm accident compensation lawyers in Perth, we handle:

Construction Accidents:

• Falls from heights
• Equipment accidents
• Scaffolding collapses
• Electrical incidents
• Building site injuries

Farm Accidents:

• Machinery injuries
• Animal-related incidents
• Chemical exposure
• Vehicle accidents
• Equipment malfunctions

Our construction accident law firm division works alongside our farm injury lawyers to provide:

• Fast legal support
• Industry-specific knowledge
• Maximisation of compensation claims
• Expert evidence collection
• WorkCover claim management

Recognised as one of the best compensation lawyers in Perth. Foyle Legal offer a no-obligation free consultation for work injury compensation claims.

We also offer no win no fee solution to all qualified workcover claims. So, you only pay our legal fees if we get you a settlement offer. You owe us nothing if you lose your injury claim. However, you may be liable for the other party’s (i.e. employer’s) legal costs, if you lose the workplace compensation claim.

In the no-fault workcover claim, workers rarely have to their employer’s legal costs if they lose. In the worker’s compensation common law system, it is more likely that you will have to pay your employer’s costs if you are unsuccessful. So, it is critical to consult compensation lawyers before you make a decision to claim compensation for common law in the District Court of Western Australia.

Section 183 of the Legal Profession Uniform Law (WA) — titled “Contingency fees are prohibited” — bans costs agreements where a lawyer’s fee is calculated by reference to the amount recovered (e.g., a percentage of a settlement or award). That is why WA personal injury lawyers cannot charge a percentage of your compensation.

Whilst this is the case, some personal injury lawyers may still offer terms and conditions in their no win no pay cost agreement whereby they take 10 – 50% of the client’s settlement to cover their legal fees. It is important to know that this is illegal. 

Since 2012, Foyle Legal has been practising personal injury law in WA. We are renowned for not charging clients a percentage. We only charge clients for work done according to a government cost schedule. No win no fee lawyers offer different terms and conditions in their no win no pay cost agreement. 

WorkCover WA is the government department responsible for overseeing the workers’ compensation and workplace injury management system in Western Australia. The workcover helpline can provide introductory information on how to make claim and the injury compensation claim process. For legal advice, please contact specialist workers compensation lawyers at Foyle Legal.

If you’d like to learn more about worker injury compensation claims, and how workers compensation lawyers can help you. Please visit Foyle Legal WA Workers Compensation FAQ page and Foyle Legal WorkCover WA Workers Compensation Blog page.

As your local Perth WorkCover lawyers, we offer:

• Proven track record in workplace injury claims
• No upfront legal costs
• Direct access to experienced lawyers
• Understanding of WA WorkCover laws
• Maximum compensation focus
• Convenient Perth locations
• Obligation-free claim assessment

We help clients navigate the personal injury claim process step by step with confidence.

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.

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.