Injuries that occur in the workplace can significantly disrupt lives and livelihoods because they trigger a chain reaction of financial, physical, and emotional challenges. Most importantly, it suddenly stops your income opportunities from fulfilling financial needs. This situation may become worse when a workplace injury claims Perth delay affects access to compensation, medical treatment, and income support.
In this aspect, we’ll examine a few main reasons that explain why claims are often delayed under Western Australia’s workers’ compensation scheme. We’ll also share some practical insights that you can use to navigate such situations more effectively.
In accordance with the Workers Compensation and Injury Management Act 2023, the ‘no-fault’ workers’ compensation scheme in Western Australia is administered by WorkCover WA. In case of an injury at work, the procedure begins by reporting the injury to the employer immediately, visiting the doctor, and getting a First Certificate of Capacity. Next, you need to fill out the Worker’s Compensation Claim Form and submit it with the other documents to the employer.
Your employer needs to send in the completed claim form and the certificate within 7 days. The insurer has 14 days to give out a liability decision notice that either accepts the claim, rejects it or gives a deferred decision notice. In case there is a deferred decision, provisional payments for income support and medical expenses can be made after 28 days, provided there is a qualification. Failure by the insurer to make decisions on time is considered acceptance of the claim.
Though the above timelines are laid down in law, delays in practice are common at every stage of the claim for workplace injury. Here are a few reasons that can lead to workplace claims delays:
One reason for delays is found at the very outset itself. Workers should report the injury to their employer as soon as practicable after it occurs. Prompt reporting helps avoid unnecessary delays in the claims process. Any delay or inadequate report will make the insurance companies raise doubts about the nature of the injury being work-related.
A medical certificate which does not contain enough information concerning the cause and effects of the injury is likely to prompt requests for more information. This situation can lead to further delays in workplace claims injury compensation disbursal.
The insurer then goes ahead and carries out the assessment process. In some cases, there is a need for more information about the nature of the accident, testimonies of witnesses, or even the work record of the individual. Collecting additional evidence, witness statements, employment records, or medical information can extend the insurer’s assessment process.
Psychological injuries, cumulative strain injuries, and injuries arising from employment with more than one employer or Fly-In-Fly-Out (FIFO) work can be expected to receive greater scrutiny. For an injury to develop gradually, it becomes necessary to have a more thorough medical history and evidence of workplace conditions.
In remote or resource-based workplaces, logistics can play a major role. The documentation from site clinics, any delays in transporting the documents, or difficulties in setting up return-to-work programs could result in further delays.
There are multiple steps that you can take to avoid delays related to workplace injury compensation claims. Let’s have a brief look at what you can do to reduce the delay in workplace injury compensation:
Injury at work in Perth can be hindered by documentation problems, delays on behalf of employers, the investigation process on behalf of insurers, and the necessity of having accurate medical reports. The most feasible way to avoid any unnecessary delay is to report the injury immediately, keep all documents organised, act quickly when asked, and stay up to date. In case your claim is delayed, contact WorkCover WA or workers’ compensation lawyers Perth to help move things forward and focus on your recovery.
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