FAQs

See a doctor to get a First Certificate of Capacity, then complete a Workers’ Compensation Claim Form. Give a copy of each to your employer.

For more information, see the Making a claim page.

You are entitled to make a claim if you sustain an injury in the course of your employment and are defined by law as a worker.

The legal definition of a worker includes full-time, part-time, casual, seasonal, piece and commission workers.

Working directors, contractors and sub-contractors may also be defined as workers depending on their working arrangements.

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 (the Act) provides a very broad definition of a ‘worker’. It covers:

• full-time, part-time, casual and seasonal workers on a wage or salary
• workers on commission
• piece workers
• working directors (companies now have an option as to whether working directors who have some ownership of the company and are ‘workers’ under the Act are to be insured under the workers’ compensation system)
• 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 Extended definition

Your employer has five working days to submit your claim form and First Certificate of Capacity to their insurer. The insurer has 14 days to make a decision on the claim.

If your employer is a self-insurer there are 17 days to make a decision on the claim.

For more information, see the Making a claim page.

You will need to cover your expenses while your claim is being processed. However, most reasonable expenses will be reimbursed (paid back) if the claim is accepted. It is important you keep all your receipts during this time.

If you are unable to work while the claim is being processed, you can use your sick leave (make sure the lost time is covered by a certificate of capacity) and this must be re-credited to you if your claim is accepted.

The Workers’ Compensation and Injury Management Act 1981 was amended in October 2011 to remove all age based restrictions on entitlements.

The changes apply prospectively to injuries occurring after 1 October 2011.  The changes to the Act mean injured workers aged 65 years and older are able to access workers’ compensation on the same terms as all other injured workers.

Generally, travel between a worker’s residence and place of employment is not covered.

A worker may be covered if they are injured whilst travelling under instruction from their employer in the course of their work, for educational purposes, or to attend a place for treatment of a workers’ compensation injury.

A volunteer generally does not fall under the definition of a worker under the Workers’ Compensation and Injury Management Act 1981. 

You are encouraged to check that the business or organisation you are doing volunteer work for has a suitable insurance policy that will cover you in the event an injury occurs.

If you are not an Australian citizen and have a valid working visa which permits you to work in Australia you are generally entitled to compensation for workplace injuries if you fall under the definition of a worker under the Workers’ Compensation and Injury Management Act 1981. This applies even where a worker on a visa suffers a workplace injury and the visa subsequently runs out, or the worker otherwise loses permission to work in Australia.

For more information, please call our Advice and Assistance line on 1300 794 744.

There are three 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.

Industrial award Non award

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 WA ‘average weekly earnings’ as calculated by the Australian Bureau of Statistics.

The maximum amount is indexed on 1 July each year.

Most ‘reasonable’ medical costs relating to your workers’ compensation injury are covered while you are on workers’ compensation.

Reasonable medical expenses include:

• First aid and ambulance
• Medicines
• Medical or surgical attendance
• Treatment by specialists
• Dental
• Physiotherapy
• Chiropractic
• Charges for hospital treatment
• Other approved treatment (including osteopathy, clinical psychology, occupational therapy, speech pathology, exercise physiology).

Not all medical practitioners and allied health providers charge according to the scheduled workers’ compensation fees, so it is important to ask your health provider about any potential gap payments prior to making an appointment.

You may claim reasonable travel costs, for instance, for trips to medical appointments. This is best arranged through your employer’s insurer.

For workers in regional areas, this may also include reasonable meals and accommodation expenses.

It is recommended that you keep a record of your travel by recording vehicle kilometres, appointment times and dates and public transport receipts. The amount payable for travel, meals and accommodation expenses is limited. See the Expenses page to find out more.

When your claim has been accepted, forward all accounts and invoices relating to medical treatment and other approved workers’ compensation entitlements to your employer, or their insurer, as soon as possible.

As with all correspondence, it is important to keep and file copies for your own reference.

Once your claim is accepted, your employer is required to pay your weekly compensation payments to you as if you were still at work, on your normal pay day and in the same way as you received your wages prior to your injury or illness. Penalties apply for employers who do not make payments on the regular pay day.

If you do not receive your weekly compensation payments in this manner, you should:

1. Speak to your employer

   Advise your employer that you have not received your weekly payments and check if there is an issue or a delay in making your weekly payments.

2. Speak to your employer’s insurer

   If you cannot resolve the issue with your employer, you should contact your employer’s insurer to discuss your concerns and to seek their assistance in resolving the issue.

3. Keep records

   Record the date and time of each contact you make, and attempt to make, with your employer and their insurer.

4. Contact WorkCover WA’s Advice and Assistance

   If you have attempted to resolve the issue with your employer and their insurer without success, contact WorkCover WA’s Advice and Assistance on 1300 794 744 for further advice and assistance.

Firstly, go to your employer for clarification. They can review the amount and also check the wage calculation with their insurer.

Refer to the Loss of wages page for details about how your workers’ compensation wage is calculated, and then contact WorkCover WA’s Advice and Assistance on 1300 794 744 if you have further queries.

No.

Where you are required by your employer, their insurer or a medical practitioner to travel from your home to a medical appointment or rehabilitation provider, you can claim reasonable travel costs.

For workers in regional areas, reasonable costs may also include reasonable meal and accommodation expenses.

Your travel arrangements are best made through your employer’s insurer. It is recommended that you keep a record of your travel by recording vehicle kilometres, appointment times and dates and public transport receipts. The amount payable for travel, meals and accommodation expenses is limited. See the Expenses page for more details.

Check with your employer’s insurer prior to making any booking. The insurer will usually determine whether this is a ‘reasonable’ cost by the availability of public transport and the type of injury suffered.

Annual leave and long service leave

The Workers’ Compensation and Injury Management Act 1981 provides that weekly compensation payments are payable notwithstanding any other entitlement to annual leave or long service leave.

You are not required to agree to cease your weekly payments if you take long service leave or annual leave.

Sick leave

You cannot take sick leave while in receipt of weekly compensation payments.

WorkCover WA is unable to provide advice regarding accrual of annual leave, long service leave or sick leave while in receipt of workers’ compensation payments.

You may contact the Fair Work Ombudsman on 13 13 94 for assistance or view the information provided on their website.

The workers’ compensation legislation does not make reference to superannuation contributions. You will need to discuss this with the Australian Taxation Office on 13 10 20.

Yes. While an employer is expected to keep your job open for 12 months (from the day you become entitled to receive weekly payments of compensation) or provide alternative employment, they can 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 reasonable. Your workers’ compensation entitlements can continue if you are dismissed.

Your active participation is essential to successful injury management. It is important that you take an active role in your Return to Work Program and make reasonable efforts to return to work.

For more information, see the Returning to work page.

Workplace rehabilitation providers have the qualifications, experience and expertise to maintain injured workers at work, or return them to work following an injury.

The costs of their services are covered within your workers’ compensation claim. Find out more about their services on the Workplace rehabilitation providers page.

It is compulsory for employers to arrange baseline hearing tests for all workers in ‘prescribed’ (noisy) workplaces, even if wearing hearing protection.

For more information, see the Hearing loss page.

A ‘prescribed workplace’ exists when workers receive a personal noise dose of 90dB(A) or above during an eight hour day, or its equivalent, and where such a day is representative of the worker’s typical work practices (approximately equal to the noise from an idling heavy motor truck at a distance of one metre).

Any workers who receive noise above the peak exposure of 140dB(in) on one or more occasions, even for a short time, will also require testing (approximately equal to the peak noise level from a mid to high calibre firearm at the user’s ear).

For more information, see the Hearing loss page.

Benefits, including lump sum compensation payments, are available to workers who sustain permanent physical or psychological impairment as a result of their work-related injuries. Eligibility for compensation, including the total amounts claimable, is based on an evaluation of a worker’s permanent impairment, by an approved medical specialist.

For more information, see the Permanent impairment page.

You and your employer’s insurer must agree on the assessed percentage of permanent impairment and the type of settlement. In most cases your employer’s insurer will then prepare the necessary paperwork for your signature.

The paperwork must then be lodged with Workers’ Compensation Conciliation Service. The Conciliation Service reviews and records the details of your settlement.

There are two types of settlement options available in the workers’ compensation system – a statutory settlement (Memorandum of Agreement) and a common law settlement (s.92(f) Deed).

Each settlement option has different criteria and you can read more about qualifying for these on the Settlements page.

Yes you can, your employer may then contact the insurance company.

Once you settle your claim, all of your workers’ compensation entitlements (wages, medical, rehabilitation and travel) will stop.

Acceptance of a settlement may affect your entitlement to Centrelink benefits, so it is important to contact Centrelink before making a final decision on accepting a settlement.

It may also be advisable to contact the Australian Taxation Office, Medicare and your private health insurance fund to find out if there are other possible implications of accepting a settlement.

In addition to entitlements available in the workers’ compensation system, you may be eligible to pursue a common law claim against your employer in the courts.

Pursuing a common law claim may affect your workers’ compensation entitlements, so it is strongly recommended that you seek independent legal advice before making a decision.

For more information, see the Common law claims page.

Your access to workers’ compensation entitlements may be affected if you elect to pursue a common law claim. For more information, see the Common law claims page.

There may be limits to the amount of compensation you can receive from a common law claim depending on your level of permanent impairment. For more information, see the Common law claims page.

At the conclusion of arbitration, a determination of an arbitrator on findings of fact and law are binding upon the parties, but can be appealed to the District Court of Western Australia in certain circumstances.

For more information, see the Appeal court decisions page.