Workers' Compensation and Work Related Claims (Commonwealth and States)
Are you in a dispute with your employer or insurer over your entitlement to Workers' Compensation?
Our workers' compensation lawyers can help you. If you have been injured at work you may be entitled to receive compensation. Most workers' compensation insurance claims in Western Australia are governed by the Workers' Compensation and Injury Management Act (“the Act”). However, some claims involving Commonwealth employees and other organisations are governed by Commonwealth legislation. Dwyer Durack is able to advise and represent you for workers' compensation insurance claims under the Commonwealth Scheme and the Workers' Compensation and Injury Management Act. The Workers' Compensation system is complicated, has time limits, has limits on the amounts to which you can be entitled and has significant penalties such as ceasing your Workers' Compensation payments if you do not comply with the specific and detailed provisions of the Act.
Under the Act you may be eligible for:
(a) payments of compensation for loss of wages;
(b) payment for medical treatment and travel;
(c) payment for assistance towards rehabilitation to your usual job or another job; and
(d) lump sum payments for permanent disability.
We do not recommend you finalise your Workers' Compensation insurance claim until your medical condition is stable. Dwyer Durack has law clerks registered with Work Cover who have many years experience in the area of Workers' Compensation law and who can assist you with all aspects of your claim. Finalisation of your claim usually occurs by negotiating a lump sum payment with your employer's Workers' Compensation insurance company. We will advise you as to the minimum amounts for which we recommend your claims should be settled although we will always attempt to negotiate the maximum possible amount for you. We then conduct negotiations on your behalf with either the insurer direct or with the insurer's solicitor.
In some circumstances you may face difficulties in the course of receiving Workers' Compensation and it may be necessary for us to apply on your behalf to the Dispute Resolution Directorate at Work Cover to prevent your weekly payments from being ceased or reduced to ensure your medical expenses are paid and for other reasons. If you attempt to negotiate these matters yourself you run the risk of making errors and being disadvantaged. You are likely to be dealing with experienced insurance claims officers or solicitors acting for insurers with significant Workers' Compensation law experience.
Negligence claims:
Your rights to pursue your employer for negligence are also governed by the Act.
In order to sue your employer for negligence for work accidents you must have a whole person impairment (“WPI”) of not less than 15%. You must be assessed for WPI and ensure that the relevant documents are provided to the Dispute Resolution Directorate for Work Cover within twelve months from the date you lodge a claim form. In some circumstances it is possible to claim an extension. WPI assessment must be made by an approved medical specialist.
In addition to meeting all these preliminary steps it will also be necessary for you to receive legal advice as to whether it will be possible to show negligence on the part of your employer for you to proceed with a claim. If your injury was caused by someone other than your employer but still whilst you were at work you still need to be able to show negligence on the part of the other party but you will not need to obtain the WPI assessment. It will still be necessary to bring your claim within three years of the date of injury unless you are under 18 where different periods may apply. We recommend you seek legal advice as soon as possible after the accident and you do not sign any statement before or give an interview to an investigator without first obtaining legal advice.
Commonwealth claims:
In some circumstances by virtue of your employment with the Commonwealth or other organisations you may be covered by Commonwealth legislation. It may be because you are within the jurisdiction of the Federal Government. The benefits and entitlements to which you may be able to access under the Commonwealth System are complex and the relevant legislation may vary depending upon the nature of your employment. Different provisions apply in relation to defence-related claims under the Military Rehabilitation and Compensation Act 2004. Dwyer Durack has experience dealing with these claims both in providing advice and representations for these claims which are normally before the Administrative Appeals Tribunal.
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