To make a Worker's Compensation Claim in Western Australia you do not have to establish your employer was at fault or negligent. You are entitled to compensation if you are a worker and suffer an injury or develop a disease at work and require medical treatment or time off from work as a result.
If you have an accident at work, the steps to make a claim are:
1. Immediately report the injury to your employer;
2. Attend a doctor of your choice to obtain a First Certificate of Capacity;
3. Complete a Worker’s Compensation Claim Form;
4. Keep copies of the Certificate of Capacity and Claim Form for your records;
Your employer then has 5 working days to complete their section of the Claim Form and to lodge both documents with their Insurer. Penalties apply if your employer fails to lodge the claim within 5 working days.
The Insurer will notify you within 14 days after receiving your Claim Form as to whether they accept or dispute the claim or whether your claim is pending.
If your claim is accepted, you will begin receiving worker’s compensation payments if you are prevented from working. You will also receive compensation payments for your reasonable expenses.
If your claim is disputed, no compensation will be paid and you will be advised why. If you disagree with the Insurer’s decision, you can request that the Insurer reassess their decision or, you can make an application to the Worker’s Compensation Conciliation Service.
If your claim is marked pending, your claim is on hold while the Insurer obtains further information. The Insurer then has 10 days in which to make a decision on your claim.
If after 10 days you do not receive an answer, then the claim is deemed to be in dispute and you can approach the Insurer to request that a decision be made and, if still not resolved, lodge an application with the Worker’s Compensation Conciliation Service.
