Threshold for West Australian Workers’ Compensation Claims
Western Australia operates a ‘no fault’ workers’ compensation scheme, meaning that when a worker is injured during the course of their employment they are entitled to compensation for medical costs and lost income whether or not the employer was at fault for the accident.
In some cases, however, a work injury will leave a person with a permanent impairment. The injury may end a person’s career, or affect their ability to do the same role. This can be an incredibly difficult circumstance for anyone to face, affecting both their physical and mental well-being.
In such cases, a claim outside of the statutory scheme is possible for a lump sum compensation payment. This common law claim requires the injured person to meet a whole person impairment (WPI) threshold, which we’ll provide more detail on in this post.
More information on the WPI threshold
If a work accident has left you with a permanent injury or inability to work, accessing benefits or pursuing a common law claim for damages requires an impairment assessment.
The result of this assessment by an accredited, approved medical professional will determine your WPI – your degree of permanent impairment. This assessment is necessary, as mentioned, for common law damages claims but also for exceptional circumstances medical payments, or to access a Schedule 2 payment for compensable injuries under the Workers’ Compensation & Injury Management Act 1981 (WA).
In exceptional circumstances, medical payments are made to seriously injured workers who are assessed as having a WPI of 15 per cent or more and where medical improvement after treatment is ‘anticipated’, among other conditions. An additional sum of up to $250,000 is possible under this form of payment.
An impairment assessment by an approved medical specialist will result in a written report and a certificate of assessment detailing whether the injury has stabilised or not. An injury that has not stabilised cannot be evaluated for permanent impairment but if the injury or illness is assessed with a WPI of at least 15 per cent or more, a common law claim against your employer is possible.
This threshold applies in WA as part of National Guidelines developed through a national process facilitated by Safe Work Australia. The guidelines are based on a similar set of guidelines that were developed and used extensively in the New South Wales’ workers’ compensation system.
If the injury has not stabilised at the time of the evaluation, a special evaluation is possible if 18 months have passed since you made the compensation claim against your employer.
The specialist may require you, the employer or the employer’s insurer to produce any relevant document or information relating to the injury.
Making a common law damages claim
Unlike the statutory scheme, a common law claim requires proof of the employer’s negligence in causing the injury.
A worker must provide notice of an intention to make a damages claim by lodging an Election to Retain Right to Seek Damages form with WorkCover WA. Making this type of claim may affect workers’ compensation entitlements under the statutory scheme.
This form of compensation can, potentially, pay a significantly larger sum of money to an injured person in the form of a lump sum when compared with the government scheme.
In making this decision, the advice of experienced compensation lawyers is vital. At Gajic Lawyers Perth, we deal with clients who have experienced permanent impairment due to a workplace injury every day, and can help make the process of applying for damages when your WPI is above 15 per cent both stress-free and efficient.
To learn more about compensation claim, call us Perth Compensation lawyers team today.
