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Workers Compensation Claims

The Western Australian workers’ compensation and injury management scheme is based on a ‘no-fault’ principle. This means employees do not have to establish that the employer was at fault or negligent to make a claim. Employees are entitled to make a claim if they are defined by law as a worker and suffer any of the following (and any one of them results in time off work or requires medical treatment):

  • personal injury by accident arising out of, or in the course of employment, or while acting on the employer’s instructions
  • disabling disease
  • disease contracted in the course of employment, or the recurrence or aggravation of a pre-existing disease where the employment contributed to a significant degree.

Definition of a Worker

The legal definition of a worker includes full-time, part-time, casual, seasonal, piece and commission workers. Working directors, contractors and sub-contractors may also be defined as workers depending on their working arrangements.

If an employee is injured, please follow these steps. This will ensure correct and swift processing of the claim for you and your employee.

For employees;

  1. Seek first aid and report the injury to your employer;
  2. See a doctor of your choice as soon as possible and get a medical certificate. This is known as a First Medical Certificate in the workers’ compensation system;
  3. Please complete the sections “Worker Please Complete” of this form and give it and your First Medical Certificate to your employer;
  4. Your employer must complete their part of the claim form and then send it together with the First Medical Certificate to the insurer within 14 working days of receiving the claim form;
  5. The insurer then has 14 days to assess the claim

Additional information is available from the WorkCoverWA website.

For Employers;

  1. Once you receive the completed claim form and first medical certificate from an employee, you have fourteen (14) working days to submit those forms to your insurer (please keep a copy for your records);
  2. Do not accept or deny liability for the claim. Your insurer will assess the claim and make a decision within 14 days of receiving the claim;
  3. The insurer will advise both you and your employee whether or not they have accepted or are disputing the claim;
  4. Whilst the claim is being assessed, you may consider paying your employee through accrued leave (e.g. annual or sick leave). Check with your employee first and make it clear that this is not workers’ compensation and that the decision is voluntary until the insurer has made a decision;
  5. Once the claim has been accepted, your insurer will advise how much you need to pay and you should start making those payments in the usual way and on the usual day that you would normally pay your employee;
  6. You must keep an injured employees position available (where reasonably practicable) for 12 months from the day the worker is entitled to receive weekly payments.

Additional information is available from the WorkCoverWA website.

Please also complete the appropriate Employers Report of Injury Claim form for your insurer;