Workers compensation is compensation payable to a worker who sustains an injury by accident arising out of or in the course of employment or whilst the worker is acting under an employer’s instructions. The workers compensation scheme in Western Australia is governed by the Workers Compensation and Injury Management Act 1981 (WA).
What Type of Injuries are Covered?
Injuries sustained during the course of employment are not always physical injuries. Injuries can also include illness, disease or mental conditions. If you have been injured at work or because of your work, you may be eligible to claim workers compensation.
When is an Employer Liable?
In Western Australia, an employer is not usually liable for injuries sustained on the worker’s journey between their place of residence and their place of employment. This is because it is an injury sustained outside of a work obligation. Nor are they liable for injuries sustained by workers for travel to and from a place for various purposes relating to a previously compensable injury.
The Western Australia workers compensation scheme provides cover for employees if they are travelling for work related purposes. For example, you may be able to claim compensation if you sustain an injury whilst you are travelling to and from a work related meeting. However, if a work-related journey is interrupted for more than one hour or the worker deviates from the work related journey for reasons that are unrelated to their employment, then an employer is not liable for injuries sustained.
When Can You Make a Claim?
If you incur a work-related injury due to your own or your employer’s fault, you may be eligible for worker’s compensation. However, if you are found guilty of serious and wilful misconduct you will not be eligible to make a claim. Serious and wilful misconduct can include instances where you fail to wear the requisite safety equipment or clothing; or you are under the influence of alcohol or illicit drugs.
We recommend you consider consulting an experience personal injuries lawyer to advise you about your rights under workers compensation and whether your individual circumstances make you eligible to make a claim.
What Can You Claim?
If you are injured at work, you may be able to claim for a range of medical expenses that are reasonably incurred, including:
- medical or surgical;
- clinical psychology;
- occupational therapy; or
- speech pathology.
Additionally, you can claim the cost of travel expenses if you are required by your employer or a medical practitioner to travel to a medical appointment. If you live in a regional area, you may be able to claim costs for meals and accommodation expenses.
At Frichot & Frichot we are dedicated to providing our clients with expert advice on workers compensation claims. Our workers compensation team can provide you with comprehensive advice and assist you in lodging a workers compensation claim. If you or someone you know would like more information or needs help or advice, please do not hesitate to call Frichot & Frichot on (08) 9335 9877 or complete the form below to request an introductory consultation.