Workers Compensation Lawyers Perth

Workers’ compensation is a compulsory type of insurance that employers must take out for their employees in case they are injured or become ill.

This type of insurance provides you with statutory benefits in the form of weekly payments (wages), payment for medical and hospital expenses, support in the form of vocational assistance to help you return to work.

No-fault system

The workers’ compensation system in WA is a “no-fault” system, which means that, except in very limited circumstances, compensation is payable regardless of whether the injury was the result of your fault or the fault of somebody else. As long as you have sustained a work-related injury or illness and as a result you are unfit for work, compensation is payable. If incapacity for work does not result from such injury or illness, compensation is still payable but may be limited to medical expenses or you may be entitled to a lump sum payment if you have sustained a permanent impairment.

Entitlements

If you have sustained a workplace injury or illness, some of the statutory entitlements you may be entitled to include:

• weekly payments of compensation
• medical and treatment expenses
• vocational rehabilitation (assistance with your return to work)
• a Schedule 2 payment (a lump sum entitlement for permanent impairment)
• reasonable travel and accommodation expenses

Suffering an injury or contracting an illness at work can instantly turn your life upside-down. You might be faced with weeks or even months of rehabilitation and permanently unable to return to your usual occupation. Even worse is the possibility fact that you will not be able to return to work at all.

Compensable Injuries

At RZ lnjury Lawyers, we have seen all kinds of workplace injuries. Some accidents happen with a crash and bang; for example, a broken bone from a fall or a third-degree burn from a chemical explosion or fire. These injuries are unmistakable and instantaneous.

Other injuries (for example, overuse) may start as a slight whisper but turn into a major source of pain and discomfort. Sometimes, you do not even know an injury has occurred until hours or even days after the event.

Compensation for psychological/psychiatric injuries is also payable. Some common scenarios include bullying and harassment claims, or claims involving the employer imposing on the worker unreasonable work demands.

Regardless of which category your injury falls in, RZ Injury Lawyers has the experience you need to get you the results you deserve.

Additional Entitlements

When a workplace injury is caused by the employer’s negligence, you may be entitled to pursue a common law claim and seek damages. If your injury or illness has resulted in a permanent whole person impairment of at least 15%, you may be eligible to pursue a common law claim against your employer through the court system.

If your injury was caused by the negligence of a third party (for example, the head contractor) you can pursue a common law claim against that entity even if your Whole Person Impairment is below 15%.

If your injury is serious and likely to result in long-term disability, it is of paramount importance that any potential common law claims are identified and commenced. The purpose of common law claims is to claim an additional sum of money (damages) not payable if your claim for workers’ compensation is for statutory entitlements only (WorkCover).

Safe system of work

Whilst each employer has a duty to implement, so far as is reasonably practicable, a safe system of work, each employee must take reasonable care for their health and safety when on the clock.

The duty of care owed to you by your direct employer is more onerous than the duty imposed on third parties (for example, companies other than your direct employer).

How can RZ Injury Lawyers help you with your claim

We specialise in workers’ compensation claims including WorkCover WA and common law claims (seeking damages).

We will support you throughout the whole process which may involve completing and lodging the documents (necessary to make a claim for compensation) to receiving an amount that is fair and reasonable and reflects the value of your claim.

The workers’ compensation system is extremely complex and trying to understand the scheme can be daunting. At RZ Injury Lawyers, we will guide you every step of the way and represent you in the event proceedings at WorkCover are commenced.