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Workers' compensation

Workers' compensation


If you suffer a work-related injury or disease and need medical treatment and/or you cannot work because of the injury, you may be entitled to claim workers' compensation.

WorkCover WA is the government agency which manages workers' compensation in Western Australia.

Comcare manages the workers' compensation claims of Australian government employees

This information relates to state workers' compensation claims only.

Can I make a claim?

You can make a claim if you are injured in the course of your work and you are defined by law as a worker. This includes full-time, part-time, casual, seasonal, piece and commission workers. Others such as contractors and sub-contractors may be covered depending on their working arrangements. Get legal advice if you are not sure if you are legally a worker. WorkCover WA publishes A Technical Note on Contractors and Workers' Compensation which has information to clarify liability and legal obligations in relation to contractors and sub-contractors.

How do I make a claim?

The WorkCover WA  website has information including a step by step guide on how to make a claim and what happens after a claim is made on its website.

Is there a time limit to make a claim for workers' compensation?

You must make a claim for compensation as soon as practicable within 12 months of being injured or discovering the disease. If you are outside the time limit, get legal advice.

What if I think my injury was caused by my employer's negligence?

If you think your injury or health problem was a result of your employer's negligence it is possible that you may have a common law claim. You will need to speak to a lawyer because this area of law is complicated.

Different time limits will apply depending when your cause of action arose. It is vital if you believe that your disability was the result of your employer's negligence that you get legal advice at the earliest opportunity.

How do I find out what my rights are?

It is important to find out what your workers' compensation rights are. Workers' Compensation and Injury Management: A Guide for Workers is available from the WorkCover WA website.

You may be able to deal with your workers' compensation claim yourself. Even if you do not need a lawyer to act for you, you should still get legal advice.

Where can I get more information?

  • More information can be obtained from the WorkCover WA website or contact the WorkCover Advisory Service on 1300 794 744.  .
  • For more information on workplace injuries if you are employed by the Commonwealth contact Comcare on 1300 366 979 between 8.30am and 5.00pm AEST Monday to Friday or visit its website to complete an online enquiry form.
  • For information on finding a lawyer to help you go to Lawyers.
  • If you are in a union, contact your union.

Last reviewed: 27/11/2015

Last modified: 27/11/2015 1:34 PM

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.