You must report the accident to your employer and attend your doctor for medical advice.
You are also entitled to make a workers’ compensation claim, whether you need time off work or not. To make a valid claim the claim, you must complete a Form 2B Claim Form and your doctor must complete a First Medical Certificate and you must provide both of those documents to your employer. This must be done within 12 months from the date of the injury. Remember to keep a copy of your claim form and certificate for your records.
What happens after I submit my claim form and first medical certificate?
Your employer must provide the documents to it’s workers compensation insurer within 5 working days, and the insurer must provide you with it’s decision with regards to liability within 14 days after that.
What if the insurer pends or declines liability for my claim?
Then there is a dispute in relation to your claim and you should seek expert legal advice from a personal injury lawyer to assist in resolving that dispute.
If my claim is accepted what does the insurer pay for?
For the time that your require off work, the insurer should pay weekly or fortnightly compensation payments. The insurer should also pay for medical treatment (eg doctors, specialist, physiotherapy, chiropractic, hospital, psychological) and rehabilitation costs, if you require rehabilitation. There are maximum amounts which apply and you should seek expert legal advice from a personal injury lawyer.
What if I can’t return to the work I was doing before the accident?
You are entitled to have a vocational rehabilitation provider appointed to assist with your return to work and you are able to choose the rehabilitation provider you wish to appoint.
What is a common law claim?
A common law claim is commenced in the District Court of Western Australia and is a claim for damages (compensation) against your employer for negligence in causing your injury.
Do I have a common law claim?
You are not able to pursue a common law claim unless your Whole Person Impairment is assessed at at least 15% and you make an Election to Retain the Right to Seek Common Law Damages by the Termination Date. The Termination Date is the date 12 months from the date you make the claim for weekly compensation payments. To ensure that you do not miss your opportunity to determine whether you have a common law claim you must obtain expert legal advice from a personal injury lawyer, at least 3 months prior to your Termination Date.
Am I entitled to a lump sum settlement?
You may be entitled to a Schedule 2 Lump Sum which is determined by the percentage impairment you have suffered in the particular part of the body which has been injured. You may also be entitled to a redemption of your wages and/or medical and rehabilitation expenses. To obtain evidence to maximise your financial entitlement you should seek expert advice from a specialist personal injury lawyer.
When is the right time to settle my claim?
It is recommended that your claim is settled when your medical condition has reached maximum medical improvement and an assessment of your impairment, your work capacity and future treatment needs has been made. If you think that your employer was at fault in causing your injury, you should not settle your claim until you have had your Whole Person Impairment has been assessed and you should seek expert legal advice.
The right time to settle your claim could be more than 12 months from the date you suffered your injury. You should have all medical and other evidence available prior to settling your claim and you should seek legal advice from a specialist personal injury lawyer to help you maximise your financial entitlement.