Workers Compensation Claim Form 2b (Reg 6aa) (Page 2 of 6) in pdf

Your right to return to work

If you become partially or totally fit for work within 12 months, from the day you become entitled to receive weekly payments

of compensation, your employer must provide you with your pre-injury job, if reasonably practicable, or another job

comparable in status and pay to your pre-injury position for which you are qualified and capable of performing.

Please Note Under section 59(2) of the Workers’ Compensation and Rehabilitation Act 1981 you must notify your employer in writing

within 7 days if you commence work with another employer after making a claim, or while receiving weekly payments of

compensation.

Weekly payments of workers’ compensation

•

Weekly payments for all workers are now capped to a maximum of $1021.60 (amount current until 30 June 2003). This amount

will be indexed annually.

•

Depending on the circumstances of your pay arrangements, your weekly payments may be subject to a “step down” after the

first four weeks of your claim.

Undecided or disputed claims

•

If your claim is disputed, or more time to make a decision is required, the insurer must advise you (within 14 days of receipt

of the claim) why your claim is disputed or that more time is needed.

•

If your claim is disputed you may apply to the WorkCover Conciliation and Review Directorate for conciliation.

•

If your claim requires more time, the insurer is allowed a further 10 days to make a decision. If, at the end of this time, your

claim is disputed or remains undecided the matter may be referred to the Conciliation and Review Directorate (for example, a

dispute may relate to weekly benefits, medical opinions or rehabilitation).

Conciliation and Review Directorate

The WorkCover Conciliation and Review Directorate is a dispute resolution body which provides an informal forum for resolving

disputes over Workers’ Compensation or Rehabilitation which may occur between workers and employers. The dispute resolution

procedure involves up to four stages:-

•

Conciliation - To apply for conciliation a referral for conciliation form must be completed, signed and lodged with the

Directorate. Parties do not require legal representation at the conciliation stage, but if all parties and the conciliation officer agree,

then a person may be represented.

•

Review - Review officers hear and determine disputes not resolved by conciliation. Parties are entitled to be represented by a

legal practitioner at any proceedings before a review officer if all parties agree or if the review officer believes a question of law is

likely to be raised or argued.

•

Compensation Magistrate’s Court – hears and determines matters referred by a Review Officer on a question of law, hears

appeals on questions of law only against decisions made by Review Officers, hears and determines any application made to it

which is permitted by the Act, and any complaints for offences under the Act.

•

Supreme Court - hears and determines appeals on questions of law only against a compensation magistrate’s court.

•

Medical Assessment Panels - a conciliation or Review Officer or a Compensation Magistrate may refer medical questions

such as conflicting opinion between the doctors involved in a claim, to a medical assessment panel for determination.

For more information on dispute resolution procedures, contact the Directorate on (08) 9324 6666, Country calls – 1800 633

108.

Common law election

The following information may assist workers who wish to retain their right to take action for common law damages against their

employers, independently of the Act, in respect of a disability suffered by a worker.

If your degree of disability is less than 16 % the courts are not able to award common law damages against your employer in respect

of that disability.

• If your degree of disability is not less than 16 % and less than 30% (what is known as a “significant disability”) and you wish to

retain the right to seek damages against your employer at common law in respect of that disability you must make an “election” .

This must normally be done before your “termination day” (which in most cases is 6 months after commencement of weekly

compensation payments.

• If your degree of disability is 30% or more there is no requirement for you to make an election.

• If you make an election to retain the right to seek common law damages, compensation under the Act is not payable from the date

the election is registered.

• An election can only be made if you and your employer agree that your level of disability is not less than 16 % and less than 30%,

or if your employer does not agree and you have referred the matter to the Director of Conciliation and Review, along with

supporting medical evidence and your degree of disability has been determined to be not less than 16 % and less than 30%.

Such a referral must be lodged not less than 21 days before the termination day. In these circumstances, your election may

be made within 14 days after the dispute as to your degree of disability has been resolved.

• In certain very specific and limited circumstances, it may be possible to apply for an extension of the time to make an election. In

these cases, you must, in the first instance apply for the extension at least 21 days before your termination day

• The prescribed forms for making elections, requesting extensions and referring questions on the degree of disability are available

from the Conciliation and Review Directorate at 15 Rheola Street, West Perth WA 6005. Telephone 93246666, Country calls:

1800 633 108.,

General information on Workers’ Compensation and Rehabilitation can be obtained from

WorkCover WA, 2 Bedbrook Place, Shenton Park WA 6008, Telephone: (08) 9388 5555,

Country calls 1800 670 055, Facsimile: (08) 9388 5550, TTY (for the hearing impaired): (08)

9388 5537,

Workers Compensation Claim Form 2b (Reg 6aa) Page 2

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