workers' compensation ENTITLEMENTS
What Are My Entitlements?
A workers' compensation claim is determined by:
- The location of the injury
- The severity of the injury
- The quality of the worker's evidence (the most important factor)
When these factors are taken into account, a worker's entitlementscan be determined.
Workers' Compensation Entitlements
How Long Do You Have to Make a Claim?
In Western Australia, you typically have one year to make a workers' compensation claim if you're injured at work.
What You Can Get After 1 July 2025 (If Your Claim Is Accepted):
What You Can Get After 1 July 2025 (If Your Claim Is Accepted):
Income Compensation - Up to $273,320
If you're an Award worker, you'll get a weekly amount that includes your regular allowances and extra pay. You should not see a 15% drop in payments after 26 weeks. Also, you can get annual leave on top of your income compensation if you take a holiday.
If you're permanently unable to work (meaning you're unemployable) and you are facing financial hardship, you might be eligible for additional income compensation.
If you're permanently unable to work (meaning you're unemployable) and you are facing financial hardship, you might be eligible for additional income compensation.
Medical & Health Expenses - Up to $163,932
You have the right to choose your own doctor, especially if you think the company doctor is clearing you to return to work too soon or not sending you for tests like an MRI or specialist review.
If you're in the hospital longer than expected, you might be eligible for additional medical expenses.
If you're in the hospital longer than expected, you might be eligible for additional medical expenses.
Workplace Rehabilitation - Up to $19,125
You can choose your own rehabilitation provider, especially if you feel pressured to return to work before you're ready or if you're still in pain.
Miscellaneous Expenses (Including Travel)
There’s no set limit for travel, but it needs to be reasonable. For a permanent impairment assessment, you're only allowed reimbursement for one assessment for each reason, unless your condition hasn't stabilised yet.
Other Rates
Maximum weekly income compensation: $3,163Vehicle running expenses: $0.59 per kilometreThe limits for these payments go up every year on 1 July, based on the cost of living.
If Your Claim is Not Accepted
If your insurer doesn’t accept your claim, you can apply for conciliation at WorkCover WA. This process usually takes about a month.
A conciliation officer will help both you and the insurer try to reach an agreement.
What If Conciliation Doesn't Work?
If you still can’t agree, you can apply for arbitration at WorkCover WA. An arbitrator (a government official) will decide whether your claim is proven. This process can take 6 to 12 months because it can take time to gather all medical records, get medical exams, and wait for reports. Sometimes additional reports or witnesses are needed, which can delay things.
Need More Help?
If you have questions about your workers' compensation or need advice specific to your situation, feel free to contact us for a free, no-obligation consultation.
Common Law Entitlements
How Long Do You Have to Make a Claim?
In Western Australia, you have up to 3 years from the date of your work injury to make a common law claim against your employer in the Perth District Court.
It’s important to figure out if your employer was negligent as soon as possible. If you wait too long, evidence can disappear, or witnesses might forget what happened. Also, if you don’t mention negligence for 3 years, the insurance company might argue you’re making things up.
Negligence usually depends on what your employer knew about possible risks at work (like warnings from other workers) and whether they did enough to prevent harm.
Capped Common Law Claims
If your workers' compensation claim is accepted and you have a “whole person impairment” (WPI) of 15% to 24%, and you can show that your employer was negligent, your common law claim is limited to $573,766, minus any workers' compensation you’ve already received.
For example, if you’ve already received $300,000 in workers' compensation, you could claim an extra $273,766.
This cap usually doesn't affect workers who are near retirement or have low incomes. But it does affect people who have lost a lot of earning capacity, like those with high incomes or younger workers who have many years of work ahead.
For example, if you’ve already received $300,000 in workers' compensation, you could claim an extra $273,766.
This cap usually doesn't affect workers who are near retirement or have low incomes. But it does affect people who have lost a lot of earning capacity, like those with high incomes or younger workers who have many years of work ahead.
Uncapped Common Law Claims
If your WPI is 25% or more, and you can prove your employer was negligent, there’s no cap on your claim.
Your claim could include:
Your claim could include:
Workplace Rehabilitation - Up to $19,125
You can choose your own rehabilitation provider, especially if you feel pressured to return to work before you're ready or if you're still in pain.
Loss of Earning Capacity
If your injury has reduced how much you can earn, you could claim the difference in your earnings up to your retirement age (usually 67, but it depends on your situation). For example, if you used to earn $100,000 a year but now can only earn $30,000, your loss is $70,000 per year. If this lasts for 20 years (from age 47 to 67), your loss of earning capacity is $1,400,000.
However, the court makes deductions for taxes and potential unemployment that would have happened even without the injury.
However, the court makes deductions for taxes and potential unemployment that would have happened even without the injury.
Loss of Superannuation
You can claim for superannuation that you miss out on while receiving workers' compensation. This is backdated if you have a common law claim. A 15% fee is taken off for management costs, and then the future loss is calculated similarly to your earning loss.
Medical Expenses
This can include costs for future medical treatment, like the possibility of needing surgery (for example, a knee, hip, or shoulder replacement).
Gratuitous Services
If friends or family help you with things like cleaning, driving, shopping, or personal care, you can claim for this at around $35 per hour. They will need to show how many hours they’ve helped. Keep records because these claims can add up to hundreds of thousands of dollars.
For example, if someone helps you for 1 hour a day for 20 years, you could claim up to $255,500.
For example, if someone helps you for 1 hour a day for 20 years, you could claim up to $255,500.
Paid Services
if you hire cleaners, carers, or gardeners, you can claim for their services with receipts and invoices.
General Damages
This is for pain, suffering, and loss of enjoyment of life. For serious injuries that need multiple surgeries (like a back or neck fusion, or hip/knee/shoulder replacements), this could be up to $150,000.
For example, if a worker gets a neck fusion and a hip replacement at age 40 and will have pain until they are 85, their general damages could range from $100,000 to $150,000.
For example, if a worker gets a neck fusion and a hip replacement at age 40 and will have pain until they are 85, their general damages could range from $100,000 to $150,000.
Interest
You can also claim 3% interest on past losses.
Need Help With Your Claim?
If you need more information about your own common law claim, please contact us for a free consultation with no obligation.
Permanent Impairment Entitlements
How Do You Claim a Permanent Impairment Settlement?
If you don’t have a common law claim and haven’t reached the limit for income compensation, you might be eligible for a permanent impairment settlement, depending on which part of your body is affected.
It usually takes at least a year from your injury or last surgery to figure out your permanent impairment. For some injuries, it might take up to three years or more, especially if there are multiple injuries or surgeries. You’ll need to be assessed by an approved assessor, which typically costs between $2,000 and $2,500, depending on the complexity.
You usually pay the fee upfront, but if your claim is accepted, you can claim this cost back as a miscellaneous expense from the insurer. It's a good idea to get legal advice before the assessment, especially if your injury happened a while ago.
Permanent Impairment Entitlements (from 1 July 2025)
Here are the payments you might be entitled to based on your impairment level: Note: "WPI" refers to the "whole person impairment." This is then converted to the "permanent impairment". Injuries from earlier years will have lower payouts.
It usually takes at least a year from your injury or last surgery to figure out your permanent impairment. For some injuries, it might take up to three years or more, especially if there are multiple injuries or surgeries. You’ll need to be assessed by an approved assessor, which typically costs between $2,000 and $2,500, depending on the complexity.
You usually pay the fee upfront, but if your claim is accepted, you can claim this cost back as a miscellaneous expense from the insurer. It's a good idea to get legal advice before the assessment, especially if your injury happened a while ago.
Permanent Impairment Entitlements (from 1 July 2025)
Here are the payments you might be entitled to based on your impairment level: Note: "WPI" refers to the "whole person impairment." This is then converted to the "permanent impairment". Injuries from earlier years will have lower payouts.
Need More Information?
If you want more details about your specific permanent impairment settlement, please contact us for a free consultation with no obligation.
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