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.
The WorkCover WA website has information including a step by step guide on how to make a claim on its website.
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.
How do I make a claim?
Report your injury immediately to your employer or if the employer is not available to your immediate supervisor.
You should state in writing:
- your name and address as the person injured
- the cause of the injury
- the date and place that the injury occurred
You should keep a copy of the report.
Make sure a report is placed in the accident book if one exists.
You should see a doctor as soon as possible if you believe you may have a claim for workers' compensation.
Tell the doctor exactly what happened and what you were doing at the time of the injury.
If your doctor considers you to be unfit for work, you should ask for a "First Medical Certificate" stating:
- the cause and nature of the injury and
- the period for which you are likely to be unfit for work
You should give the medical certificate to your employer. Keep a copy for your records. It is advisable to give the employer progress certificates during the period you are unfit for work.
Always follow your doctor's directions. If you don't agree with them, you should get another medical opinion. You may also wish to get legal advice.
For more information go to the WorkCover WA website.
Complete the claim form
You should complete a Workers' Compensation Claim Form (Form 2B) and give it to your employer. This can be obtained from the employer or the employer's insurers.
If you have any problem in getting a form, you should contact WorkCover WA on 1300 794 744. You can download from the WorkCover WA website.
You should keep copies of everything you send and receive including certificates and forms.
Your employer must send your claim form to their insurance company within five working days of receiving it from you.
What happens after the claim is lodged?
Your employer's insurer is required to notify you within 14 days after receiving your claim form from the employer if your claim has been:
- accepted
- disputed or
- held for further information (also called a 'pended' claim)
If your claim is accepted and your injury prevents you from working, your employer must start making weekly payments and continue such payments on your normal payday for the time your doctor certifies you are unable to work.
If your claim is disputed or if a decision is unable to be made the insurer or your employer must let you know the reason.
If you do not hear anything within 19 days of lodging your claim, you may apply to WorkCover WA's Conciliation and Arbitration Services to resolve the issue/dispute. More information on dispute resolution can be obtained from the WorkCover WA website.
Is there a time limit to make a claim for workers' compensation?
You must make a claim for compensation 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.
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
- For information on finding a lawyer to help you go to Lawyers
- If you are in a union, contact your union
Last reviewed: 28/12/2011