Workplace Accident Lawyer Perth: What to Do After a Workplace Injury

A workplace accident can happen suddenly or develop gradually over time, leaving an injured worker facing medical expenses, lost income, uncertainty about returning to work, and concerns about their future. If you have been injured at work in Perth, understanding your legal rights and the workers compensation process is important.

A workplace accident lawyer in Perth can help you understand your options, communicate with insurers, manage disputes, and determine whether you may have grounds for a further compensation or common law claim.

At MPK Lawyers, injured workers across Perth and Western Australia can obtain legal guidance about workers compensation claims, serious workplace injuries, weekly payments, medical expenses, WorkCover disputes and potential common law claims.

What Is a Workplace Accident?

A workplace accident is an injury or illness that occurs in connection with employment. Workplace injuries can happen in almost any industry, including construction, manufacturing, transport, hospitality, healthcare, warehousing, retail and office environments.

Examples may include:

• Slips, trips and falls
• Machinery or equipment accidents
• Lifting and manual-handling injuries
• Back, neck and shoulder injuries
• Repetitive strain injuries
• Workplace vehicle accidents
• Injuries caused by unsafe working conditions
• Occupational diseases and illnesses
• Psychological injuries connected with employment

Importantly, an injury does not necessarily have to result from a single dramatic accident. Some work-related conditions can develop gradually because of repetitive duties or workplace exposure.

Workers Compensation in Perth and Western Australia

Western Australia's workers compensation system operates on a no-fault basis. Generally, an injured worker does not need to prove that their employer was negligent simply to make a workers compensation claim. A worker may be entitled to compensation when they suffer a work-related injury or disease that requires medical treatment or time away from work.

Depending on the circumstances and eligibility requirements, compensation may include benefits associated with:

• Lost wages or income
• Reasonable medical and health expenses
• Rehabilitation
• Certain travel and related expenses
• Permanent impairment compensation
• Potential common law damages in qualifying circumstances

The specific benefits available depend on the nature of your injury, your employment circumstances, medical evidence and the applicable Western Australian legislation.

What Should You Do After a Workplace Accident?

Knowing what to do immediately after an accident can help protect both your health and your potential claim.

1. Seek Medical Attention

Your health should come first. Obtain appropriate medical treatment as soon as possible and explain to your doctor that the injury occurred in connection with your employment.

For a workers compensation claim in WA, a First Certificate of Capacity is an important document. WorkCover WA recommends seeing a doctor of your choice and obtaining this certificate when making a claim.

2. Report the Injury

Tell your employer about the accident or work-related condition as soon as possible. Keep records of when you reported the injury and who you notified.

3. Complete the Necessary Claim Documents

The workers compensation claim process involves a Workers Compensation Claim Form and First Certificate of Capacity. WorkCover WA states that employers must lodge the relevant documents with their insurer within the applicable timeframe, while insurers generally have 14 days after receiving a claim to make a liability decision or issue a deferred decision notice.

4. Keep Important Records

Keep copies of medical certificates, receipts, correspondence, accident reports and communications with your employer or insurer. These documents can become important when assessing your rights.

5. Consider Legal Advice

If your claim is disputed, your payments are delayed, your injury is serious, or you are considering a common law claim, speaking with a workplace accident lawyer in Perth can help you understand the available options.

When Should You Contact a Workplace Accident Lawyer in Perth?

You do not necessarily need to wait until your claim has been rejected before obtaining legal advice.

Consider speaking with an experienced Perth workplace injury lawyer if:

• Your workers compensation claim has been rejected or disputed.
• Your weekly payments have been stopped or changed.
• The insurer disputes your medical condition.
• Your workplace injury is severe or potentially permanent.
• You are concerned about returning to work.
• You are considering a lump-sum or common law claim.
• You are unsure about your rights and obligations.
• You believe negligence contributed to your injury.

Early legal advice can help you understand the process before making important decisions that could affect your entitlements.

Can You Make a Common Law Workplace Injury Claim?

Workers compensation and common law claims are not the same.

The WA workers compensation system generally operates on a no-fault basis. A common law claim, however, involves different eligibility requirements and requires proof that the workplace injury was caused by employer negligence. WorkCover WA states that a worker may be eligible to pursue common law damages where they have at least 15% permanent whole person impairment (PWPI), subject to the applicable legal requirements.

There can also be significant consequences associated with electing to pursue common law damages. For example, WorkCover WA explains that an election can affect certain workers compensation entitlements and is irreversible. Independent legal advice is therefore strongly recommended before making this decision.

How MPK Lawyers Can Help With Workplace Injury Claims

MPK Lawyers assists injured workers in Perth and throughout Western Australia with a range of workplace injury matters. Its workers compensation practice covers claims involving workplace injuries, serious work injuries, weekly payments, medical expenses, common law negligence claims and WorkCover disputes.

The legal team can help you understand whether you may have a claim, explain the claims process, assess potential options and communicate with relevant parties.

MPK Lawyers also advertises no-win-no-fee arrangements for eligible workers compensation claims, with costs explained before clients proceed. The precise costs and conditions depend on the individual matter and the costs agreement.

Why Choose a Perth Workplace Injury Lawyer?

Workplace injury claims can involve medical evidence, employment records, insurers, compensation calculations and strict legal requirements. If your injury is serious, the consequences can extend far beyond immediate medical treatment.

An experienced workplace accident lawyer Perth can help you understand:

• Whether you may be eligible for workers compensation
• What documentation may be required
• How to respond to an insurer
• What happens if your claim is disputed
• Whether a permanent impairment assessment may be relevant
• Whether a common law claim may be available
• What legal deadlines and procedural requirements may apply

Every workplace injury is different, so legal advice should be tailored to your individual circumstances.

Frequently Asked Questions

How do I make a workplace injury claim in Perth?

Generally, you should report the injury to your employer, obtain medical treatment and a First Certificate of Capacity, and complete the relevant Workers Compensation Claim Form. WorkCover WA provides detailed guidance on the claims process.

Do I need to prove my employer was negligent?

Not generally for an ordinary workers compensation claim in Western Australia because the system is based on a no-fault principle. However, negligence is an important element of a qualifying common law claim.

Can casual workers claim workers compensation?

Casual workers can be covered by the WA workers compensation scheme if they meet the legal definition of a worker. WorkCover WA also notes that certain contractors and subcontractors may qualify depending on their working arrangements.

What if my workers compensation claim is rejected?

If your claim is rejected or you disagree with an insurer's decision, there are dispute-resolution pathways available through the WA workers compensation system. Getting legal advice can help you understand your options and the appropriate next steps.

Can I receive compensation for a permanent workplace injury?

Potentially. Depending on the circumstances, a worker with permanent impairment may have access to particular benefits or settlements. An impairment assessment may be required for certain claims, including potential common law damages.

How can a workplace accident lawyer help me?

A lawyer can assess your circumstances, explain your legal rights, help with the workers compensation process, assist with disputes and advise whether other potential claims may be available.

Speak With a Workplace Accident Lawyer in Perth

A workplace injury can affect your health, income and ability to work long into the future. Understanding your rights early can help you make informed decisions about your claim.

If you have suffered a workplace injury in Perth or elsewhere in Western Australia, MPK Lawyers can assess your circumstances and explain your potential legal options.