At last - legislative relief for injured workers
Recent changes to West Australian workers’ compensation legislation, have for the first time in many years, stripped away a statutory obstacle that was a major impediment to injured workers accessing their legal rights and obtaining a sense of justice.
Over the last 20 years, various repressive legislative changes enacted in the states and territories of Australia have impacted adversely on the ability of injured workers to access common law rights and legal damages. Separovic Injury Lawyers views the workers’ compensation legislative framework in West Australia as very unsatisfactory.
Here, in particular the imposition of a tight deadline by which the injured worker must confirm that they intend on making a common law claim means that claimants are often prohibited from making a common law claim or receive less compensation than they deserve. Further to this, being prohibited from making a common law claim by an arbitrary and nonsensical deadline robs deserving claimants of their common law rights and it could be argued that this is an impost on our democratic process.
After watching the legal rights and access to justice of injured victims be steadily eroded over time, this legislative change is a very significant ‘breath of fresh air’ for workers’ compensation claimants and plaintiff injury lawyers in West Australia. The removal of the ‘Termination Date’ by which an injured worker must confirm that they intend to make a common law claim is the first improvement to the legal rights and access to compensation enjoyed by West Australian workers in memory.