6/2 Carson Road,
Malaga, WA 6090
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WorkCover Lawyer Perth – Workers Compensation Claim
What is Workers Compensation?
Workers compensation claims in Western Australia is under a no-fault system of compensation for injured workers. So you may be entitled to compensation for workers comp even if the workplace injury was your own fault.
If your employer does not accept your workcover claim for workers compensation, or if you have a WorkCover WA dispute, we can assist you!
If necessary, we help injured workers to commence proceedings and provide legal representation at WorkCover for a determination of liability in respect of weekly payments of compensation and the payment of medical costs.
The most common workers comp claims in WA often involve, but are not limited to the following work injuries:
What type of workers can claim workers compensation?
In Western Australia, all workers regardless of their residency status or the permanency of their employment, are entitled to claim workers’ compensation.
If you are injured on the job in Western Australia. This means you may be able to claim compensation if you are a part-time worker, casual worker, temporary worker, workers on commission, trainees, apprentice, workers on a work trial, or seasonal work on a working visa.
Foyle legal can you with your compensation claim for workplace injuries!
What should I do if I sustain an injury at work?
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.
How long does a workplace accident claim take?
A workplace accident claim could take 6 months or 3 to 5 years. It all relies on work injuries and the degree of permanent disability. A good personal injury lawyer would normally advise the injured workers to settle their work injury claim after medical stabilisation.
In our experience, having reputable personal injury lawyers handle workplace injury claims helps speed up the settlement process. Because experienced personal injury law firms have worked on similar types of personal injury claims, they have built processes and networks of contacts to help injured people to manage the personal injury claim process better. As a result, claims are settled faster and higher personal injury compensation payouts.
How to Claim Workers Compensation?
A workers compensation claim is ordinarily made by completing a Workers Compensation Claim Form and First Certificate of Capacity and giving those forms to the employer. Please note that there are time limitations that apply. If you are unsure about how to make a claim Foyle Legal can help.
Workers compensation laws in Western Australia change frequently, and this field of compensation law has more legislation than other personal injury claims. Experienced workplace injury lawyers at Foyle Legal can help you manage and resolve your workcover claim whether it is approved or not.
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.
How do I claim WorkCover for stress?
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.
Has Foyle Legal acted in a claim involving my workers’ compensation insurer?
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.
Has Foyle Legal acted in a workers compensation claims similar to my workover claim?
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 injury from lifting, shoulder injuries, knee injuries, bulging discs, head and brain injury.
- Occupational asthma and lung disease caused by employment
- Motor vehicle accidents at work
Workers Compensation Payment Amounts
What does Workers Compensation Cover?
If your workers’ compensation claim is approved, you may be entitled to the following amounts up to a prescribed amount established by legislation:
- 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 can be found on the WorkCover WA website.
Please note that additional sums for medical expenses and weekly payments 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 “redeem” your right to compensation for a final lump sum compensation, you must first settle your claim. Settlement of a claim can only occur when you, your employer, and their insurance all agree on the amount. This is how most claims end. Once the claim is settled, you will have no further entitlement to compensation from the workers compensation scheme. It is important to seek legal advice from an experienced workers compensation lawyer before agreeing to settle your worker’s compensation claim.
How long does it take to receive an offer of compensation?
There is no time limit on receiving an offer of compensation. Insurers can make offers at any moment. Injured workers should not accept a settlement offer without first consulting their injured worker lawyer. If you already engaged the legal services of a workcover lawyer, compensation lawyers often base their legal advice on whole person impairment rating, among other criteria.
How do we Maximise Workers Compensation Payout for you?
The director of Foyle Legal has experience as both a claimant and defendant in personal injury matters. This gives Foyle Legal a unique perspective on the opposing party’s actions, which can help your personal injury compensation claim. If you believe you have a personal injury claim or need legal advice from expert workers compensation lawyers from Perth, please submit an obligation-free enquiry.
Workers Compensation Common Law Claims
What is Common Law Claim?
If your workplace injury caused at least 15% of the permanent whole of person impairment, you may be entitled to a common law claim. In a typical common law claim, injured workers take their employer to court, and claim common law damages against the negligent employer.
If you meet the common law claim criteria and elect to seek workplace injury compensation in the District Court of Western Australia. The maximum lump sum payment threshold is much higher than the non-fault workers compensation scheme. On the other hand, the insurance company is likely to fight your injury compensation claim harder!
Making a decision to sue your employer for common law damages is a very important decision. You should obtain legal advice from a workers compensation lawyer prior to making the decision. More information concerning this is available on the WorkCover website, or contact Foyle Legal for WorkCover legal advice and common law legal advice.
How to claim Common Law?
The Workers Compensation and Injury Management Act 1981 prescribes time limits in which you must undergo medical review by an approved medical specialist.
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.
Legal proceedings against third parties?
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.
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.
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.
No Win No Fee WorkCover Lawyer & WorkCover Claims FAQ
Perth No Win No Fee Lawyers
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.
What percentage do no win no fee lawyers take?
No win no fee lawyers offer different terms and conditions in their no win no pay cost agreement. Some take 10 – 50% of the client’s settlement to cover their legal fees. This percentage fee is often referred to as the success fee or percentage fee.
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. Some take 10 – 50% of the client’s settlement to cover their legal fees. This percentage fee is often referred to as the success fee or percentage fee.
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.
Workers Compensation Claims FAQ
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.
Foyle Legal Provides WorkCover Legal Services to WA
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