Hoffmans Barristers and Solicitors

Workers Compensation

In Western Australia, we have a system of compulsory workers compensation. All workers are covered by this system. The compensation scheme covers injury over the course of the worker's employment. In some circumstances, compensation can be provided to the family if the worker died in a work related incident.

In general, claims can be made for expenses and loss such as medical costs, and long term disability. The system also provides for lump sum payments.

Hoffmans has great experience obtaining the compensation that the injured worker or the family is entitled to.

Source: Workers' Compensation and Injury Management in Western Australia, WorkCover (www.workcover.wa.gov.au)

Who can make a claim?

You may be entitled to claim workers' compensation if you are working on a full-time, part-time, casual, or seasonal basis.

If you work on a different basis (e.g. commission, piecework, sub-contractor), you may be able to make a claim.

Dependents of deceased workers may also make a claim.

When am I covered for worker's compensation?

You are covered for a disability that arises out of or in the course of your employment as specified by the Workers' Compensation and Rehabilitation Act 1981.

What if I am injured at work?

  • Notify your employer as soon as possible at, or after, the incident.
  • After receiving first aid (if necessary or available) see a doctor of your choice as soon as possible and ask for a First Medical Certificate.
  • Complete a Workers' Compensation Claim Form (available from your employer, their insurer, or from WorkCover).
  • Your employer must send your claim to their insurance company within 3 working days of receiving it.
  • The insurance company must advise you and your employer if your claim is accepted, disputed or if a decision is unable to be made within 14 days of receiving the claim from your employer.
  • If your employer is a self-insurer, they must, within 17 days, of receiving the claim from you, advise you if your claim is accepted, disputed or if a decision is unable to be made.
  • If your claim is accepted, your employer must commence making weekly payments forthwith, and continue such payments on your normal payday for the duration of your incapacity.
  • If your claim is disputed or if a decision is unable to be made, the insurer or self-insurer must advise you of the reason.
  • If your claim is in dispute, the insurer needs more time to make a decision or you do not receive written notification within 17 days of lodging your claim with your employer, you may apply to the Director of Conciliation and Review for conciliation of the matter.

Note: the Act does not allow paid sick leave and workers' compensation payments during the same period.

Claims Procedure

  • Injury at work occurs
  • Worker seeks first aid, reports incident, obtains a First Medical Certificate (FMC) from a Medical Practitioner of their choice, signs and submits a Claim Form and FMC to their Employer
  • Employer completes Employer section of Claim Form, give information tear-off to Worker, sends Claim Form and FMC to their Insurer within 3 working days.
  • Insurer has 14 days after the claim was made by the employer to make a decision on liability and advise the Worker and Employer in writing if liability for the claim is accepted, disputed or undecided.

Can I choose my own treating medical practitioner?

Yes, you can choose your own medical practitioner for treatment and management of your work related disability.

Can my employer or their insurer refer me to a medical practitioner of their choice?

Yes, your employer of their insurer may refer you to a medical practitioner of their choice before or after your claim as been accepted. You are required to attend this appointment for medical examination only. If you do not attend without reasonable excuse, your right to compensation may be suspended.

Your employer/insurer shall not require you to attend such a medical appointment more frequently than once every 2 weeks during reasonable hours. You do not have to accept treatment from the doctor who examines you and you may return to the care of your treating medical practitioner afterwards.

Am I entitled to a copy of the report?

Yes, you are entitled to a copy of the report from the medical practitioner that your employer or their insurer referred you to.

What happens if my employer no longer exists?

In most cases of an employer no longer existing, you have the same rights and remedies against the insurer. The insurer will be responsible for making your weekly payments of compensation on behalf of your employer.

How are my weekly payments calculated?

If your claim is accepted, your employer is required to pay weekly payments of compensation which are normally limited to a total entitlement known as the prescribed amount. The prescribed amount is normally the maximum compensation payable and covers weekly payments and lump sum settlements. A maximum cap on weekly payments also applies for the duration of a claim.

Your employer must make weekly payments on your normal pay day in the usual manner.

Reasonable hospital, medical and other expenses

Medical bills should be forwarded to your employer or insurer for payment.

Your entitlement for medical expenses is a separate amount in addition to the prescribed amount for weekly payment. The insurer or self-insurer must notify you once 70% of the maximum amount for medical expenses has been reached.

What is vocational rehabilitation?

Vocational rehabilitation is a specific service that may assist in helping you stay in, or return to, suitable work.

Examples of when a referral for vocational rehabilitation may assist your return to work:

  • If your injury, or resulting disability, prevents you carrying out your pre-injury duties;
  • If your injury is a recurrence or aggravation of a previous injury, or if there is a concern that carrying out pre-injury duties may aggravate an existing injury; and
  • If modifications are required in the workplace, or aids and equipment required to help you return to work.


Can I choose my own vocational rehabilitation provider?

You have the right to choose which rehabilitation provider you wish to use.

Source: Workers' Compensation and Injury Management in Western Australia, WorkCover (www.workcover.wa.gov.au)