WA Workers Compensation Updates!

claim injured payment penalties return to work state wa western australia worker workerscompensation Aug 13, 2024

Updates to the WA workers compensation law

On 1 July 2024 the new Workers Compensation and Injury Management Act 2023 replaced the previous 1981 Act, with the aim of providing greater clarity surrounding worker and employer requirements.

Let’s break down the new obligations and entitlements!

Claiming Compensation

Workers will not be required to give notice of injury in addition to making a claim for compensation.

Claim timeframes

Workers have up to 12 months to file a claim
The Employer must give a worker’s claim to their insurer within 7 days of receiving it.
A worker can directly submit a claim to the insurer if the employer fails to submit on time.
Insurers have 14 days after receiving the claim to issue a liability Decision notice
Provisional payments start from 28 days of receiving a claim
Claims must receive a liability decision within 120 days or liability is automatically accepted

Psychological Claims

Any stress-related claims from ‘reasonable management action’ (e.g performance management) are excluded unless considered harsh and unreasonable.

Employer Involvement

Employers cannot attend worker medical appointments
Employers can attend return to work conferences

Return to work

It is the employer’s responsibility to establish a return-to-work program
The injured worker must participate and comply with obligations
Injured worker must provide a progress certificate of capacity to the employer or insurer within 7 days
Employers can seek an arbitrator’s order if a worker fails to comply

Extended Payments

A step down to 85% of a worker’s pre-injury weekly rate of income will apply after 26 weeks. This is extended from 13 weeks.

Pre-employment Screening:

Workers are not required to disclose previous workers compensation claims

Dispute resolution:

Workers have 21 days to dispute any decision to reduce or discontinue income compensation based on medical evidence.

Penalties

Failure to follow the updates regulations may lead to penalties up to $10,000

Additional resources:

Workers Compensation and Injury Management Act 2023 -- View here
WorkCover WA – View here

If you have any questions regarding the changes above, please feel free to reach out to the Employii team via employii@employii.com.au or give us a call on 0401 510 559. Please note that when it comes to Workers Compensation, we may need to refer you to one of our trusted safety partners or work rehab providers, depending on your query.

Author: Jess Roughsedge (HR Officer)

WA Workers Compensation Updates!

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