If you’ve been injured at work, our workers’ compensation lawyers can advise you about your options.
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We understand the challenges you face after a work-related injury. At Maurice Blackburn, our dedicated team of workers’ compensation lawyers in Perth is here to help you get the compensation you deserve. With decades of experience handling WA workers’ compensation claims, we provide expert support and guidance throughout the claims process to ensure you receive the full benefits you're entitled to.
In WA, it is mandatory for employers to have a workers’ compensation insurance policy which is underwritten by an insurance company to provide compensation for injured workers who suffer loss as a result of a work-related injury.
The Western Australian workers’ compensation scheme operates on a ‘no-fault’ liability scheme, which means that you do not need to establish your employer was at fault or negligent in causing the injuries in order to make a claim.
Employees who are injured in the course of their employment may be eligible for compensation. Compensation may cover physical injuries, psychological injuries, occupational diseases or illnesses, or injuries resulting from workplace fatalities. This coverage extends to all full-time, part-time, casual, and seasonal workers. In some circumstances, the definition of ‘worker’ may also include employees working under contract, as well as self-employed working directors
WorkCover WA is a statutory authority and government agency responsible for the regulation and administration of the workers’ compensation scheme in Western Australia.
WorkCover WA provides a dispute resolution service through the Conciliation and Arbitration Service for matters in which a dispute arises between the parties, such as a denial of liability for a claim or a refusal to fund necessary and reasonable medical treatment.
If a dispute arises in your claim, our team of lawyers have vast experience in all aspects of WorkCover proceedings and can assist you in getting a positive outcome in your claim.
Workers’ compensation can cover various expenses, including medical costs, rehabilitation services, and a portion of lost wages. Additional compensation, including lump sum payments, may be available if you have sustained a permanent impairment as a result of your work-related injuries.
In Western Australia, if your injuries are caused by a negligent act or omission of your employer, and if an Approved Permanent Impairment Assessor (APIA) assesses your injuries as being greater than 15% Whole Person Impairment (WPI), then you may be entitled to pursue a common law claim for damages against your employer or a third party.
It's important to seek legal advice about potential common law claims, as strict time limits apply.
Compensation amounts depend on the severity of your injury, your capacity to work, and your medical expenses. Our experienced lawyers will ensure that all aspects of your injury are considered to maximise your compensation.
You may be entitled to several types of compensation, including:
Maurice Blackburn operates on a No Win, No Fee basis. This means you won’t pay our legal fees unless we win your case.
Our experienced Workers’ Compensation lawyers provide personalised support. We guide you through every step of the claims process to ensure you understand your rights and options.
We offer free initial consultations to discuss your case and flexible appointment options to suit your schedule. Contact us today to learn how we can assist you.
Report the injury promptly: Immediate reporting strengthens your case.
Seek medical treatment: Follow all medical advice and attend scheduled appointments.
Keep records: Document all medical treatments and interactions related to your injury.
Our workers' compensation lawyers can assist you with your workplace injury claim and make sure you know about your options.
If you’ve been injured at work, our workers’ compensation lawyers can advise you about your options.
Our work injury lawyers will take care of the legal process on your behalf.
If your claim for workers’ compensation is successful, we’ll process your payment as soon as we receive it.
Our experienced workers’ compensation lawyers will help you gather the necessary evidence, file all required documents, and negotiate with insurers to maximise your compensation payout.
Our No Win, No Fee arrangement means you can pursue your claim without financial pressure, paying legal fees only if we win your case.
We provide compassionate, personalised support throughout your claim, ensuring you understand your rights and options at every stage.
Maurice Blackburn has a proven track record of securing favourable outcomes for our clients. We are committed to helping you get back on track so you can focus on getting better.
You must report your injury to your employer as soon as possible, ideally within 30 days of the incident. Timely reporting ensures that your claim is processed without unnecessary delays. If you fail to report your injury within this timeframe, it could complicate your claim process.
In addition to timely reporting of the incident, if you intend on commencing a workers’ compensation claim, you must be aware that in Western Australia, you must lodge your workers’ compensation claim within 12 months of the date of injury. Claims lodged outside of this timeframe can still be considered if there are extenuating circumstances for the delay in lodging the claim.
If you’re unhappy with the insurer’s decision regarding your claim, you have the right to request a review through the insurer’s Internal Dispute Resolution Process (IDRP).
This process involves reassessing your claim details and any new evidence you may provide. Our experienced lawyers can help you gather the necessary documentation and represent you during the review to increase the likelihood of a favourable outcome. If the review doesn’t resolve the issue and liability remains in dispute, we will be there to assist in the preparation and filing of a Conciliation Application at the WorkCover WA Conciliation Service.
At the Conciliation Conference, we will be able to provide you with settlement advice and will be there to negotiate an overall settlement of your claim.
If settlement or resolution can’t be achieved at the Conciliation Conference, our lawyers will be able to prepare and file the Arbitration Application at WorkCover WA and will be there to help navigate you through the Arbitration process at WorkCover WA.
A rejected claim is not the end of the road. You can appeal the decision through a structured process by commencing a Conciliation Application through the Workers’ Compensation Conciliation Service (WCCS) and Workers’ Compensation Arbitration Service (WCAS) at WorkCover WA.
Our experienced workers’ compensation lawyers can assist you in preparing your WorkCover WA application, and will gather all relevant factual and medical evidence required to present the best possible case to the tribunal, maximising your chances of a successful outcome.
Understanding cost agreements is crucial for a transparent relationship with your lawyer. At Maurice Blackburn, we offer a No Win, No Fee structure, meaning you only pay our legal fees if we win your case. We'll provide a detailed explanation of any potential costs, including disbursements before you proceed. This ensures you clearly understand the financial aspects of your claim.
If liability is accepted in your claim, the workers’ compensation insurer will calculate a rate of pay for income compensation payments.
Income compensation payments are calculated based on your pre-injury average earnings over a 12-month period for award and non-award workers (or for the period employed if employed for less than one year). Any period you have taken as leave during this period subject to calculation is excluded from the calculation of your average earnings.
If liability is accepted and you are receiving income compensation payments at an agreed rate of pay, you will be subject to a 15% reduction in wages after 26 weeks of payments. The step-down rate of 85% of the pre-injury weekly rate of income will apply after you have received 26 weeks of payments.
If you disagree with the insurer’s calculation of the rate of weekly income compensation payments, you have the right to challenge the calculated rate of pay through an application to WorkCover WA. Our lawyers can assist with applications of this nature.
Specific details will be explained during your claim process to ensure you understand your entitlements.
In certain cases, superannuation contributions may continue while you are receiving workers' compensation payments. This often depends on the terms of your employment and the specifics of your compensation agreement. Our experienced lawyers can help clarify your situation and ensure all your entitlements, including superannuation, are considered.
The duration of a compensation claim can vary based on the complexity of the case and whether there are any disputes. Some claims are resolved within a few months, while others may take longer, particularly if they go through a conciliation or court process. We are here to expedite your claim while ensuring you receive fair and just compensation.
With our No Win, No Fee policy, you won’t pay any legal fees unless we win your case. We also provide a free initial consultation to discuss your case and explain the costs involved, ensuring full transparency from the beginning.
Take the first step towards justice and support. Our dedicated team of workers' compensation lawyers in Perth is here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Australia's #1 plaintiff law firm
No Win, No Fee
Client-focused support
Our dedicated team of workers' compensation lawyers is committed to helping you with your claim.
Director, Head of North Injuries, Queensland Injuries and Abuse Law, Work injury, Public place injury, Road injury, Childhood abuse
Senior Associate, Office Leader, Work injury, Road injury, Public place injury
We offer a No Win, No Fee process.
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