If you suffer a work-related injury or illness, you may be entitled to claim workers' compensation. This can be to cover your medical treatment, as well as lost wages if you cannot work.
You have a right to be safe at work. You should not have to work with unsafe equipment, unsafe work systems, or people who hurt you. If you have been injured at work you have rights, but also obligations.
WorkCover WA manages all workers' compensation claims in Western Australia.Comcare manages the workers' compensation claims of Australian Government employees.
This information only relates toworkers' compensation claims byWA employees.
You may be able to deal with your workers' compensation claim yourself. However, it is recommended that you get legal advice, even if you do not need ongoing representation.
Legal Aid WAdoes notgive legal advice or representation in court about workers' compensation claims.
TheLaw Society of WAhas a directory of members to find a lawyer who specialises in this area.
If you are a member of a union, you should contact your union to ask what help or services are available.
When and howcan I make a claim?
You can make a claim for workers' compensation 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.
Other workers, such as contractors and sub-contractors, may be covered depending on their working arrangements. You should get legal advice if you are not sure if you area worker.
TheWorkCover WAwebsite has more information on how to make a claim and what happens after yourclaim is lodged.
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, you should get legal advice straight away.
What if I think my injury was caused by my employer's negligence?
If you think your injury or illness was a result of your employer's negligence, it is possible that you may have a common law claim. This means your claim will be dealt with through the courts, rather than through WorkCover WA.
Different time limits will apply to start a court case, depending on when your cause of action arose.
This area of law is complicated. You should get legal advice at the earliest opportunity.
More information
WorkCover WA
Advice and Assistance helpline -1300 794 744between 8.30am and 4.30 pm Monday to Friday
Speak to an Advisory Officer, to getguidance and assistance about your rights and obligations under theWorkers’ Compensation and Injury Management Act 1981.- Workers' Compensation and Injury Management: A Guide for Workershas information about workers' compensation and the process for workers to make claims.
- A Technical Note on Contractors and Workers' Compensationunder the heading contractors and sub-contractors has information to clarify liability and legal obligations in relation to contractors and sub-contractors.
Comcare
- Callthe Contact Centre, Monday to Friday between 8.30 am and 5 pm AEST, on1300 366 979or(02) 6276 0333
Reviewed: 23 January 2024
