Workplace Injury Lawyers Perth – Work Injury Claim, WorkCover Claim & Workers Compensation Claim
If you have been injured at work, you may be entitled to WorkCover WA workers compensation, or “workers comp” compensation benefits. We are experts in WA Workers Compensation Claims and represent clients in WorkCover Western Australia and the District Court of Western Australia. If you have made a work compensation claim or have a WorkCover claim dispute, please contact Workplace Injury Lawyers at Foyle Legal for an obligation free claim assessment. We offer a No Win No Fee* solution for injury at work compensation, and we will make sure that you get the best workers compensation settlement for your work injury claim.
Please note that the law is that injured workers may even be entitled to these compensation payouts if you had a medical condition before your work injury and suffered a recurrence, aggravation, or acceleration of that pre-existing condition where the employment was a contributing factor to a significant degree.
Workers Compensation WA WorkCover Claim
What is Workers Compensation?
Workers compensation claims in Western Australia are made within a no fault system of compensation for injured workers and in most situations you will be entitled to compensation for workers comp even if the workplace injury was your own fault. If your employer does not accept your claim for workers compensation, or if you have a WorkCover WA dispute, we can assist you, and if necessary commence proceedings and provide representation at WorkCover for a determination of liability in respect of weekly payments of compensation and the payment of medical costs.
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.
Western Australia’s workers compensation laws are subject to frequent change and this area has a lot of law governing it compared to other personal injury claims. As experienced workplace injury lawyers in Perth, WA, Foyle Legal can also assist you with the management and settlement of your claim regardless of whether it is accepted or not.
Has Foyle Legal acted in a claim involving my workers’ compensation insurer?
We have represented WA injured workers and helped them 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.
Workers Compensation Payment Amounts
What does Workers Compensation Cover?
If you have an accepted workers compensation claim you may be entitled to the following payments should they be necessary up to a maximum prescribed amount set 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 depending on the circumstances of your work injury claims, additional amounts for medical expenses and weekly payments may be payable though the circumstances are very limited and you will require appropriate evidence.
If your weekly payments of compensation are coming to an end contact us so that we can advise you.
You may choose to “redeem” your right to compensation at any time for a final lump sum payment, following which settle your claim and you will have no further entitlement to compensation. Settlement of a claim can only occur when you, your employer and your employer’s insurer agree on the amount of money to be paid. Most claims are concluded in this manner.
How do we Maximise Workers Compensation Payout for you?
The Director of Foyle Legal is one of only a few workplace injury compensation lawyers in Perth who has practiced as a claimant and defendant lawyer in personal injury cases. This gives Foyle Legal a unique insight into what the other party is doing which Foyle Legal can use to help you with your case. If you think you have a claim, or require further assistance with your workers compensation claim or any other personal injury claim, why not contact us at 0408 727 343, alternatively submit an obligation free enquiry.
Workers Compensation Common Law Claims
What is Common Law Claim?
If your workplace injury caused at least 15% of permanent whole of person impairment, you maybe 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. Making a decision to pursue common law damages is a very important decision and you should obtain legal advice prior to making the decision. More information concerning this is available on the WorkCover web site.
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, time limits within which you may elect to commence common law proceedings against your employer, and limits concerning the time you have to commence legal proceedings.
The first notice that many workers will receive regarding their workers compensation claim is a Form 36 Notice to Worker About Termination date for election. By the date stated on this notice the injured worker must be reviewed by an approved medical practitioner. Foyle Legal help our client at every step of the way to ensure the successful settlement of our workers 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 your workplace injury in the course of your work then you will be able to commence Public Liability proceedings against that that third party company without having to comply with the workers compensation requirements we have set out above.
In the event that an injury at work occurs in a not at fault Motor Vehicle Accident it will often be advantageous for the injured worker to commence proceedings regarding that motor vehicle accident.
The manner in which workers compensation law interfaces with the law of negligence is complicated and Foyle Legal can help to guide you through the process.
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* Workers Compensation lawyers
At Foyle Legal we offer a no obligation free consultation for work injury compensation claims and we offer no win no fee* solution. This means that if injured worker only pay our legal cost if we win for you. You do not have to pay us but if you lose your injury claim case then you may have to pay the other party’s (i.e. employer’s) legal costs. It is very rare that a worker has to pay their employer’s costs in the no fault WorkCover system, however in the workers compensation common law system it is more likely that you will have to pay your employer’s costs if you are unsuccessful.
Workers Compensation Claims FAQ
WorkCover WA are the government department responsible for overseeing the workers’ compensation and workplace injury management system in Western Australia. Their site contains WA Workers Compensation & Injury Management: A Guide for Workers