FAQ for WA
Can a Worker who is employed in two jobs, and is Injured at work, claim for loss of pay for both?
Yes, Schedule 1 Clause 13 of the Workers’ Compensation and Rehabilitation Act 1981 provides for the worker to be compensated, but not to exceed 38 hours per week.
What is the difference between a "Recurrence" and an "Aggravation" of an injury?
A "recurrence" is where the symptoms of a previous injury flare up either spontaneously or because of the ordinary stresses and strains of living and working, and that any consequent incapacity would be related to the original incident. An "aggravation" is where the symptoms of a pre-existing injury are precipitated by a new incident of an accidental nature such could well originate symptoms in its own right, then that should be regarded as a new injury for which the later incident is the direct cause.
What are the procedures for referring an injured worker for rehabilitation?
Recommendations for occupational rehabilitation may be made by key parties such as the injured worker, the medical practitioner and the employer. The referral can be made by contacting the Vero Workers’ Compensation Case Manager.
What Constitutes a Claim?
A claim for compensation shall be in writing upon the claim form (Form 2B) prescribed by WorkCover WA, accompanied by a First Medical Certificate duly signed by a registered medical practioner and served upon the employer.
Can a Worker who is injured in a Motor Vehicle Accident, claim on both Workers Compensation and Compulsory Third Party Insurance?
If a worker is injured in a motor vehicle accident, the worker can claim workers’ compensation benefits on condition, the journey was in relation to work and under the direction of the employer. Having said that, the worker is also entitled to lodge a claim with the compulsory third party insurer from whom the workers’ compensation benefits are recoverable.
What should an employer do if they receive a Summons, Subpoena, Application for Determination or Statement of Claim?
Forward the documents to the relevant Case Manager immediately.
What rate of Compensation is Payable to a Worker who is not employed pursuant to an Industrial Award?
As of the 4th January 2005 the legislation has changed please refer to the fact sheet.
Is a Worker who is in receipt of Weekly Compensation benefits entitled to holiday pay?
Provided the worker is unfit for work, compensation is payable in addition to an entitlement to holidays, annual holidays or long service leave under any Commonwealth or State Act, award or industrial agreement or contract of employment.
The insurer has denied liability to pay (further) compensation. Can the worker’s employment be terminated?
Termination of a worker’s employment solely and principally because the employee is unfit as a result of the injury shall not take place unless:
- at least the prescribed time has elapsed since the employee first became unfit for employment eg 12 months in WA; or
- the employer holds a medical certificate stating that the employee will be permanently unfit for employment in the position concerned.