Under What Circumstances Can Workers Compensation Be Used In WA?

December 27, 2022    Personal Injury Lawyers Perth
Under What Circumstances Can Workers Compensation Be Used In WA?

If you are a worker and have suffered any work-related injury or illness, you will be entitled to claim worker’s compensation. The compensation can be used to cover the medical treatment and lost wages. Just in case you cannot work due to the injury.

All of us have a right to stay safe at work. And you must ensure that you do not work with any unsafe equipment, people or work systems that can hurt you. Therefore, a workers compensation lawyers Perth can help you if you are injured at work in WA. In this blog, you will learn more about compensation claims and how to make one.

When And How Can You Make A Claim?

You will be able to make a claim for worker’s compensation if you have been injured:

  • In the course of your work.
  • When you are defined as a worker by the law, this can include part-time, full-time, casual, piece, commission or seasonal workers.

The other workers, such as subcontractors and contractors, might also be covered by this claim based on their working arrangements. You can choose to get legal advice if you are unsure whether you are a worker.

Is There Any Proper Time Limit To Make A Worker’s Compensation Claim?

You just choose to claim compensation as soon as you can within 12 months of being injured or having discovered a disease. If you cannot do that within the time limit. You must opt for legal advice from compensation lawyers Perth.

What If You Think That Your Injury Was Caused Due To Your Employer’s Negligence?

If you think that your potential illness or injury was caused due to your employer’s negligence. However, it is quite possible that you might have a common law claim. This indicates that your claim can be dealt with with the help of courts and not via any work covered in WA.

However, there are different time limits that will apply to start a court case based on when your cause of action arose. The area of law is complicated, and you must opt for legal advice as early as possible. Contact the best lawyers in your area to help you file a claim.

What Are The Compensations That You Will Receive?

Some of the compensations that you will receive for your injury or illness are as follows:

  • Loss Of Wages

Worker’s compensation payments can help cover loss of wages and other expenses that are linked with the medical treatment of your injury. Since, there are many people who can receive a salary that is similar to their normal salary. And that includes overtime payments for the initial thirteen weeks. After that, it will step down to a slightly less amount that will exclude any overtime or bonuses.

No salary payment would be there if you are elected to pursue any common law claim. These common law claims usually apply to only multiple or severe injuries sustained in the workplace, where you require more than 15% injury impairment.

There are many few worker compensation claim that can meet this threshold, and common law claims are usually settled for much bigger amounts based on the grounds that you cannot work or are incapacitated. For pursuing a common law claim, you will need the help of a lawyer.

  • Expenses

The worker’s compensation scheme can easily cover all the medical expenses that are linked with general practitioners, specialists, and different rehabilitation services. There are also allowances for accommodation expenses and travel that were caused due to medical treatment.

The worker’s compensation can also cover the costs that are associated with workplace rehabilitation expenses. Practically speaking, workplace rehabilitation providers are usually appointed by the insurer or employer to help with getting back to the work process. Also identifying suitable duties or other placements in various work environments. You may need to refrain occasionally from doing new work.

  • Return To Work

When you subsequently visit your general practitioner or specialists, you have to be provided with a progress medical certificate. Since, this is a certificate that will indicate if you are totally unfit for work or fit to return to your former work with changed duties.

It is also essential that you have a valid certificate to be able to cover all the period of time. You will be under worker’s compensation if salary payments have to be made. If you are somehow fit to undertake alternative duties, your doctor will be legally obliged to indicate this on your certificate. After this, the certificate will go to your employer. And if the employer has suitable duties for you, you need to attend to the work and undertake the duties.

The employer can also choose to engage a workplace rehabilitation provider to help in creating a return-to-work program. They can help ensure that the duties you are told to do are proper. And in line with the restrictions that are provided on the certificate. These certificates can cause some confusion or anxiety, but it is better to consult your doctor in this case.

Contact Personal Injury Lawyers Perth

If you are looking to file any worker’s compensation claim for any injury or illness sustained. You can choose to take help from the top worker’s compensation lawyers Perth. Contact Personal Injury Lawyers Perth to hire the best compensation lawyers who can help you guide you throughout the legal process and ensure that you receive the compensation that you receive.

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