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Injuries & Compensation

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Injuries Law

People can be injured in a variety of situations.  Most commonly, the injuries people suffer are physical but injuries can also be psychological in nature.  There are laws in Western Australia, personal injury laws, which provide certain entitlements and compensate people who have been injured in a variety of situations or different settings.  The instances in which you might have an entitlement to benefits or compensation in WA include:

  • As a result of a transport accident (motor vehicle, motorcycle, train, tram, etc.) - The Transport Accident Scheme
  • Whilst at work or in the course of your employment - WorkCover or Workers' Compensation
  • As a result of medical treatment - Medical Negligence
  • If you sustain injury in a private or public place - Occupiers or Public Liability
  • Through using a defective product - Product Liability
  • As a result of a criminal act - Victims of Crime Compensation
  • Because of workplace discrimination - Anti-discrimination, unfair dismissal, etc.
  • Because of sexual abuse or harassment.
  • As a result of professional services - Professional Negligence

You may be asking yourself whether or not you have a claim for compensation given your individual circumstances.  You may believe that someone else was to blame for your injuries.  If this is the case, you should seek legal advice from a lawyer who specialises in personal injuries law.  A lawyer will be able to assess whether you have rights or entitlements under the various West Australian compensation schemes, particularly if your injuries were caused by someone else's actions or neglect. 

The most import thing to remember however is do not delay.  Strict time limits apply in respect of accessing potential entitlements and claiming compensation and you should seek legal advice as early as possible after you sustain injury.    

Western Australia 1 injury car accident work injury public liability compensation workcover

Free Information

WARNING: Information from interstate web sites should not be relied upon without legal advice. The law and courts often vary a lot between States.

Acts, Regulations, Rules & Forms

Are you looking for detailed information like this, or contact details for any of the bodies mentioned on this page. If so, then start on our Injuries and Torts for Lawyers page.

If it isn't there, then start on our Finding Detailed Legal Information page.

Please read our warning on that page "Be careful using these resources".

The Law is not always as straightforward as it appears. We have not included any information about when and how to use that information or any traps. We assume that the Lawyers will know this.

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Insurance Disputes

Financial Ombudsman Service is an independent service that assists consumers to resolve their disputes with insurance companies.

Problems with insurance - a Guide.

Western Australia 2 injury car accident work injury public liability compensation workcover

Types of Claims

Quite apart from being injured in a transport accident or at work, you may have sustained injury in a variety of other circumstances as outlined above - for example, as a result of medical treatment, in a private or public place, etc.

Depending upon the circumstances of how you sustained injury, you might have other rights or entitlements, particularly if the injury/injuries you sustained are likely to cause ongoing, permanent impairments or conditions.  Often, the right to claim compensation for your actual injuries, as compared to out-of-pocket expenses associated with your injury/injuries, such as medical and treatment expenses and income loss, is reliant upon showing that the injury/injuries sustained satisfy a certain threshold level.  The thresholds change depending on the type of claim and the nature of the injury, e.g. physical vs psychological.  

Often, to be eligible to make a claim, the first pre-requisite is to show that someone else was at fault or negligent in causing your injury/injuries.  Fault or negligence is fundamental to any medical negligence claim or public/occupiers liability claim.  However, in other instances, the concept of fault is not a pre-requisite, for example, product liability claims and Victims of Crime Applications.  Because the particular circumstances surrounding your injury will have a bearing on the type of claim you might be entitled to make, it is always advisable that you seek advice from a lawyer specialising in personal injuries law at first instance, to clarify your rights and provide you with an understanding of what to expect moving forward. 

There are special laws that apply to injury or damage caused by animals, injuries to animals and injuries sustained in sport, on private property or on public property. Sometimes the common principles do not apply in these circumstances.

Time Limitations On Claims

Don't wait too long to contact a lawyer to find out about your compensation rights.  Time limits apply to all types of claims!

In respect of transport accident claims or WorkCover claims, it is often thought that the time limit that applies is 6 years.  Whilst there is a 6 year time limit which applies, to either receive a lump sum impairment benefit, commence a serious injury application or commence common law proceedings, there are other relevant time frames which are equally as important.  For example, there are strict time limits which apply to the actual lodging of claims under the statutory schemes.  There is a 12 month time limit.  If the claim is not lodged within that time, then eligibility to all entitlements, no-fault or common law, may be lost!

In other areas, for example medical negligence, public/occupiers liability and product liability, a 3 year time limits applies. 

A lawyer who is a specialist in the area of personal injury law can talk to you about the time limits which are relevant to your particular matter.  It is important to not delay and seek some preliminary advice as soon as you are able to do so. 

In some instances, if you have missed a deadline, there is the ability to seek an extension of time through the Courts.  It is not automatic that the Courts will extend time, but in certain circumstances it is possible.  Often, an application to extend time is costly and very involved.  Nevertheless, a lawyer who specialises in this area will be able to advise you of the relevant considerations and assist to steer your in the right direction.

Preparing Your Claim

When you go along to see your lawyer, save time (and money) by bringing along the following:

  1. Very specific details as to how the accident occurred, in point form;
  2. Photographs of the accident scene if these can be obtained safely;
  3. All relevant medical reports;
  4. Receipts for any out of pocket expenses like crutches, medication or GP gap payments;
  5. A travel log of all the times you have traveled to an appointment due to your injuries;
  6. Details of all of the doctors you are currently consulting;
  7. Your record of how your life has been affected by the accident (i.e. list tasks you can't perform, it could be hanging out the washing etc);
  8. If you have already made a claim, the details of the insurance claims officer dealing with your claim;
  9. Your car registration details and that of any other vehicle involved;
  10. Witness details (i.e. witnesses who saw the accident occur);
  11. Who said what to whom; and
  12. NEVER admit fault. Some insurance policies have this as a specific requirement, and you can void your insurance if you do admit fault.
Western Australia 3 injury car accident work injury public liability compensation workcover

Avoiding Trouble

  • if you are involved in a car accident, even if it is a minor accident, you should immediately report the accident to the police.  This is particularly so if one or more persons are injured.  Even if you don't appear initially to be injured, you might find that symptoms or conditions develop later.  To lodge a valid claim with the TAC the accident must have been reported to the Police.
  • If you're in a car accident, no matter how minor, always get the other driver's name, phone number, insurance information, and license plate number.
  • If you're in a car accident, no matter how minor, and the other driver leaves, write down the license plate number, description of the car, and number of people in the car.
  • Use your mobile phone to take a photograph of the scene of the accident before the vehicles are moved and a photograph of the damage to the vehicles.
  • If there are witnesses to the accident, obtain their contact details.