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The following frequently asked questions will provide you with information to help you achieve your workers’ compensation insurance requirements. Please click on the links below.
1. How do I make a claim for workers' compensation? 2. I'm a sub-contractor, can I put in a claim for workers' compensation? 3. How are my weekly payments of compensation calculated? 4. What is my obligation in the return to work progress? 5. Can I resign while on workers' compensation, or if I am terminated or lose my job, how will this affect my claim? 6. l have received a letter from the employer's insurer that talks about a termination date for common law - what does this mean to me? 7. What is an approved treatment? 8. Can I be made redundant when I am partially or totally incapacitated and not at work?
| 1. How do I make a claim for workers' compensation? |
We understand that being injured at work can be a challenging experience for you, and often your whole family. Consequently, we have developed this simple step-by-step guide to help you through this process. If you follow these steps, it will make your claim process as easy as possible.
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Obtain a first medical certificate from a GP.
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Fill out a Workers’ Compensation Claim Form (also called 2B Form).
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You will be advised in writing by the insurer within 14 days after they receive your claim from the employer if your claim has been: Accepted; Disputed; or Pended for further information.
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If your claim is disputed or if a decision is unable to be made, the insurer or your employer must advise you of the reason.
For further information click on the How do I make a claim? link in the related links section in the panel to your right. |
| 2. I'm a sub-contractor, can I put in a claim for workers' compensation ? |
You can put in a claim if you sustain a workplace injury and are defined by law as a 'worker'.
Definition of a worker The Workers’ Compensation and Injury Management Act 1981 provides a very broad definition of a ‘worker’. It covers:
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full-time workers on a wage or salary;
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part-time, casual and seasonal workers;
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workers on commission;
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piece workers;
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working directors (companies now have an option as to whether working directors who have some ownership of the company and are ‘workers’ under the Workers’ Compensation and Injury Management Act 1981 are to be insured under the workers’ compensation system); and
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contractors and sub-contractors may also be defined as ‘workers’, depending on the circumstances of their working arrangement.
The definition of ‘worker’ may be broken up into two main parts: Primary and Extended.
Primary definition This covers any person who works under a contract of service or apprenticeship with you. The contract may be expressed or implied, oral or written. A large part of the workforce is covered under this part of the definition, including workers who:
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work for salary or wages;
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work set hours of work;
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may be terminated/dismissed by the employer;
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work for only one employer; and/or
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are supervised and controlled.
Extended definition This covers any person who works under a contract for service. Many people who work on a contract or sub-contract basis may be covered under this part of the definition, and it may cover workers who:
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are paid on piece rates, hourly rates or per job;
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work for the employer on a ‘one-off’ or per job basis;
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do not have set hours of work;
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work for more than one employer;
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work unsupervised; and/or
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pay 20 per cent prescribed payments (sub-contractor’s tax).
A worker may also include any person who is covered by an industrial award or agreement. See the Contractors and Workers' Compensation fact sheet in the publications section to your right for further details.
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| 3. How are my weekly payments of compensation calculated? |
Once your claim is accepted, if you are medically certified as totally unfit for work your employer is required to pay your wages on the normal pay day and at the employer's usual place of payment of wages, as received prior to the injury.
There are two methods of calculating weekly workers' compensation payments, depending on your conditions of employment. It is best to check with your employer if you are not sure about whether you work under an award agreement or not.
If you work under an industrial award (including collective agreements and enterprise bargaining agreements). For the first 13 weeks, you receive: the rate of weekly payments payable under your industrial award, plus any over-award or service payment paid to you on a regular basis, including overtime, bonuses and allowances. Your employer will average your overtime, bonuses and allowances over a 13 week period prior to your injury.
From week 14 onwards, your weekly workers' compensation payments will consist of: the rate of weekly payments payable under the relevant industrial award, plus, any over award or service payments paid on a regular basis, plus, any allowance paid on a regular basis as part of the workers’ earnings and related to the number or pattern of hours worked; plus, any other allowance prescribed by the regulations.
If you don’t work under an industrial agreement, your workers’ compensation payments should include: For the first 13 weeks: your weekly payments (including overtime, any bonus or allowance) are averaged over 12 months prior to the injury. If you have been employed for a period of less than one year, your earnings will be averaged over the lesser period.
From week 14 onwards your weekly workers' compensation payments will: 'step down' to consist of 85 per cent of your average weekly earnings up to the current cap.
Important note: There is a limit that applies to your weekly payments while you are on workers’ compensation. The maximum weekly amount you can receive is set at two times the ‘average weekly earnings’ as calculated by the Australian Bureau of Statistics. The maximum weekly amount for 2008/09 financial year is $1,904.40. The maximum amount is indexed on 1 July each year.
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| 4 . What is my obligation in the return to work process? |
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Injured workers are strongly encouraged to fully participate and cooperate with their employer and medical practitioner in the development of a return to work program. Your participation in decisions such as: developing alternate or different duties that are meaningful to both you and your employer; modifying existing duties; or obtaining different equipment to help you undertake these duties is critical and is in your best interests.
If you choose not to cooperate with your employer in the return to work process, an Arbitrator of the Dispute Resolution Directorate may be required to intervene, and ultimately may order you to participate in the process.
It is positive for you, your employer and your workplace to participate in the process to ensure the best outcome is reached for all involved. |
| 5 . Can I resign while on workers' compensation, or if I am terminated or lose my job, how will this affect my claim? |
There is nothing preventing you from resigning if you wish to while you are on workers’ compensation. If you have ongoing medical evidence of incapacity it should not affect your compensation payments.
If you are seeking new employment you need to contact your insurer to advise of your earnings within seven days of commencing employment.
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| 6. I've received a letter from the employer’s insurer that talks about a termination date for common law - what does this mean to me? |
| This letter is a standard letter reminding you of your potential right to access common law. It is worth noting that the letter does not mean that your workers’ compensation payments will be stopped. In some circumstances, you are able to sue your employer for negligence where you have a whole of person impairment of greater than 15 per cent. You may wish to obtain independent legal advice about this. To find out about how to get an assessment of your degree of impairment, please call the experienced team at WorkCover WA’s Advisory Services on 1300 794 744. |
| 7. What is an approved treatment? |
The following approved allied health provider treatments are available to help you return to work following a workplace injury:
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Chiropractic Services;
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Clinical Psychology Services;
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Counselling Psychology Services;
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Occupational Therapy Services;
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Osteopathic Services;
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Physiotherapy Services (including Exercise Based Programs);
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Dental Treatment;
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Speech Pathology; and
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Vocational Rehabilitation Services.
If you require treatment that does not appear on the list you should check with your insurance company to make sure they will cover the cost BEFORE you commence treatment.
Alternatively, the treating medical practitioner may wish to liaise directly with the insurer. While the insurer may agree to cover certain costs that are not approved forms of treatment, there is no obligation on the insurer to continue paying for these services.
Some providers may charge more than the prescribed workers' compensation rate, which means the worker will be responsible for any gap. The worker should check with the provider before commencing treatment. |
| 8. Can I be made redundant when I am partially or totally incapacitated and not at work? |
Yes. While and employer is expected to keep your job open for 12 months or provide alternative employment, they can still terminate your employment. However, the employer must complete a 'notice of intention to dismiss', provide 28 days notice, advise WorkCover WA and provide you with a copy of the notice.
An employer is still required to keep an injured worker's original position open or provide an alternative position if it is reasonably practicable. In the current economic climate some employers may find this difficult.
If I am made redundant, do I still receive weekly payments?
You are still eligible to receive your statutory entitlements, including weekly payments and medical and related entitlements. |
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