In WA workers’ entitlements are determined under the Workers’ Compensation and Injury Management Act 1981. Your Union can help with this process.
Your Union can help with workers’ compensation claims, injury management and returning to work.
If you are injured at work it is very important to lodge a claim promptly, and to inform your union that you have been hurt at work.
You can make a compensation claim if you are injured suffering a disease contracted in the course of employment that requires treatment or results in time off work.
How to make a claim:
- Seek first aid
- Report the injury to your employer
- Report the injury to your union delegate or organiser
- As soon as possible, see a doctor of your choice and ask for a workers compensation medical certificate;
- Fill out a workers compensation 2B form
- Give the original forms to your employer, keep copies for yourself
- Your Employer must pass on your forms to their insurer within three working days.
Seek representation for your Workers Compensation claim; unrepresented workers can end up significantly worse off at the end of their claim.
Investigation of a claim
If workers are approached by investigators, questions should be requested in writing. Legal advice should be sought.
Getting a claim accepted
Once a claim form and a first medical have been submitted, employees are responsible for this the employer should then forward the claim within three (3) days.
The Insurer then has 14 days in which to assess the claim and advise the worker of their decision.
There is a limit on the maximum compensation that can be paid per week. For the first thirteen weeks of your claim, if you are totally or partially unfit, you will get the same wages you where receiving before the injury.
After that you should be paid your award or certified agreement base rate plus any allowance paid on a regular basis related to the number or pattern of hours worked (i.e. regular shift allowances)
If you are not on an award or certified agreement you will receive 85% of the entitlement after 13 weeks.
Stopping weekly compensation payments
An employer cannot stop or reduce weekly payments unless you return to work, you consent, or WorkCover makes an order to that effect.