What is WorkCover?

WorkCover WA regulates West Australia's workers' compensation and injury management scheme. WorkCover's mission is ensure that work related injuries are effectively and efficiently managed so that injured workers are able to make a safe and sustainable return to work. The West Australian workers' compensation system is the largest privately underwritten scheme in Australia and involves insurance being provided by the Insurance Commission of Western Australia, 8 commercial insurers and 24 self-insuring entities.

WorkCover is funded by a levy on the workers’ compensation insurance premiums paid by West Australian employers and levies on approved self-insured employers.

WorkCover plays a number of key roles for the West Australian government. Here, for example WorkCover provides the government with strategic policy direction regarding work injury matters and workers' compensation. It also ensures that employers and service providers comply with the Workers' Compensation and Injury Management Act 1981 (“the Act”). Another important role that WorkCover plays is to provide a independent dispute resolution service for workers, their employers and the employer’s insurer. In the 2017 / 2018 financial year WorkCover was involved in coordinating and convening 2,035 conciliation conferences and 578 arbitrations in regards to disputes between workers' compensation claimants and insurers. 

Are retraining programs provided as part of a workers' compensation claim?

It is possible for injured workers to access specialised retraining programs during their workers’ compensation claim. In these case the insurer must have admitted liability in the worker’s compensation claim. The injured worker must meet specific eligibility criteria in order to be considered for a retraining program. These programs allow workers who are unable to return to their pre-injury employment to complete particular vocational training or tertiary studies. Retraining programs are accessible only while the workers' compensation claim is live and before it has been settled. Access to specialised retraining programs cannot not be built into any settlement agreement so if the workers' compensation claim is settled the retraining program will cease.
 
The eligibility criteria is strict and the application process is relatively complex. To ensure that you have the best chance of accessing a retraining program during your workers’ compensation claim, we suggest that you obtain legal advice from a specialist personal injury lawyer.

Worrying trends in workers' compensation claims. 

Employers are required to meet many financial and legislative obligations in order to run a successful business. Prosecution results published by WorkCover WA suggest that employers are increasingly attempting a range of tactics to avoid the responsibilities imposed on them by the Workers' Compensation and Injury Management Act 1981 ("the Act").      

Many employees who have been injured or become sick at work are not aware that employers are simply not able to avoid their workers' compensation liabilities and risk significant fines, legal proceedings and conviction if they do.

Workers' compensation - what is it?

If you sustain an injury at work or suffer a work related illness you may be entitled to make a claim for workers' compensation. To make a claim you must be defined as a worker, however, the Act relies on a wide definition of the term 'worker' and includes full-time, part-time, casual and seasonal workers on a wage or salary. Workers' compensation includes payments for financial loss, treatment expenses, medical and rehabilitation expenses and travel and lodging expenses.

Once an employee has lodged a Workers' Compensation Claim form and a First Certificate of Capacity with their employer, the employer has 5 working days to lodge these documents with their insurer. The insurer is then required to make a determination regarding the claim and notify the employee within 14 days of receiving the claim form.

Unfortunately many employees making workers' compensation claims are unaware of the legal protections that should be provided to them by their employers and workers' compensation insurers.

What if my employer does not lodge my workers' compensation claim with the insurer?

The Workers Compensation and Injury Management Act 1981 (WA) ("the Act") requires the employer to forward your Workers' Compensation Claim form and First Certificate of Capacity to its insurer within 5 working days of having first received these documents. If the employer does not comply it risks being fined by WorkCover's compliance division.  

Workers' compensation claims - an introduction. 

Work related accidents and illnesses can be a cause of deep personal embarrassment and anxiety. Historically, Australian workplace culture has not necessarily looked after the best interests of workers and workers have had to ‘tough it out’ or ‘suck it up’ when dealing with work injuries or illnesses. This is a significant societal problem as workers’ compensation can be claimed in regards to most work-related injuries or illnesses.

Who can make a claim?

The West Australian workers’ compensation scheme aims to help workers return to work after suffering from a work-related illness or injury and compensates workers for lost wages, medical expenses, rehabilitation costs, medicines, travel and legal expenses while they are unable to work. The legislation provides a very broad definition as to who is a ‘worker’. Most of us are unaware that you can make a claim for workers’ compensation if you:

• work full-time, part-time or casually; 
• work seasonally or on commission;
• work for a wage or a salary;
• are an overseas worker;
• are over the age of 65;
• are employed in Western Australia but your work related incident occurred interstate or overseas; or
• if you resigned from, were terminated or made redundant by the enterprise where you suffered your injury or illness.