*Contents of this blog relate to WA legislation.
If an employee is injured within the workplace in Western Australia they may be eligible for a workers’ compensation claim.
In Western Australia the workers’ compensation scheme is governed by the Workers’ Compensation and Injury Management Act 1981 (WA) and operates on a ‘no-fault’ basis. What this means is an injured worker does not need to establish that the employer was at fault in order to make a claim. An injured worker is entitled to compensation if they can prove as the worker that they suffered an injury/developed an injury/disease while at work.
If a worker sustains an injury within the workplace it is important to first report and document the injury to a supervisor and/or the employer. The worker should then consult their General Practitioner to assess the injury and obtain a First Certificate of Capacity. This document is one of the two necessary documents required in order to lodge a workers’ compensation claim. The injured worker is also required to complete a Workers’ Compensation Claim Form 2B. This document contains the details of the injury such as the date the injury occurred, how the injury occurred and what injury was sustained.
Once the First Certificate of Capacity and Form 2B are completed the injured worker is then required to provide them to their employer. It is recommended this is done via email to ensure it is documented that the claim was lodged.
The employer must then provide the claim documents to their insurer within 5 working days. The insurer must then assess the claim and make a determination regarding liability, whether the claim is accepted, pended or disputed.
In Western Australia an injured worker has 12 months from their date of injury to lodge a workers’ compensation claim. Should a worker sustain an injury at work it is highly recommended that a workers’ compensation claim is lodged without delay. Failure to lodge a claim within the 12 month time limit may result in a disputed claim.
If you have suffered a physical or psychological injury within the workplace and require advice regarding your compensation entitlements contact Turner Freeman Lawyers for an obligation free discussion on 08 9325 0900.