Frequently asked questions.
Work-related injury/ illness
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A work-related injury or illness/ disease includes injuries that:
Occur while working
Occur while travelling in the course of your employment (this does not include commuting to and from work)
Occur whist receiving medical treatment, rehabilitation or whist engaged in a return-to-work programme for a different work-related injur
Dust/ industrial diseases (e.g. pneumoconiosis or silicosis, mesothelioma, lung cancer and diffuse pleural fibrosis.)
are pre-existing and are exacerbated/ aggravated or made worse by your work
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Weekly payments if you are unable to work;
Reasonable medical, hospital, pharmaceutical, and treatment costs;
Vocational rehabilitation to help you return to work;
Travel expenses related to medical treatment; and
A lump sum payment if your work injury causes permanent impairment to a body part or function.
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It is recommended that you complete and submit your workers compensation claim form within 12 months from the date of your accident.
If you lodge your claim more than 1 year after the date of accident Pizzata Injury Lawyers can still peruse compensation for your injuries however it is likely that the Insurers will argue that they suffered material prejudice due to your delay in commencing your claim.
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If your work injury/ illness was caused by the negligence or lack of care of your employer & if you have suffered 15 % (or more) whole person impairment, you may be able to make a Common Law claim against your employer.
Common Law allows for the potential to claim further damages beyond basic statutory benefits such as pain and suffering.
Common Law Claims are made in addition or on top of claims made under the Workers’ Compensation and Injury Management Act 2023.
The time limit to commence Common Law legal proceedings against your employer is 3 years from the time of injury.
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You should continue to receive the required treatment for your accident injuries & continue to obtain ongoing progress medical certificates of incapacity for work from your Doctor/ GP.
It is strongly recommended that you obtain legal representation from a reputable Workers Compensation Lawyer like Pizzata Injury Lawyers to assist you in closing/ settling your outstanding claim for a lump sum payment.
If you settle your claim without legal representation, you will likely be missing out on thousands of dollars you may be entitled too.
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Contact Pizzata Injury Lawyers as soon as possible so we can start building your case to challenge the Insurers decision to deny liability for your claim.
If your doctor provides a medical certificate confirming that your injury was caused by your work, & you require treatment & time off work, you can apply to WorkCover to have liability for workers’ compensation assessed.
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You can make a Workers’ compensation claims if you suffered have suffered bullying, stress, anxiety, depression and/ or sustained a mental illness that was caused by your work. Even if you have a pre-existing mental illness, as long as it has been made worse (exacerbated) by your work, you can still make a valid claim.
Incidents that can cause work related stress or mental illness include:
Work pressure - mental injuries/ stress caused by unreasonable work responsibilities, workloads, deadlines, organisational restructure and/ or workplace conflicts.
Workplace bullying or harassment – assault or threatened assault by other employees, verbal harassment, sexual harassment, threats, and abuse.
Exposure to violence or traumatic events – this includes being assaulted or witnessing a traumatic event occur whilst at work
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Injured workers have a range of statutory entitlements available to them in the Western Australian workers compensation scheme to assist them to recover from their workplace injury and return them to suitable and sustainable employment.
As per the 2025/ 2026 Indexation of Workers Compensation Payments, you can receive the following legal entitlements where justified:
Income compensation/ and permanent impairment = $273,220 gross
Medical and Health Expenses = $163,932
Rehabilitation Expenses = $19,125
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In Western Australia you can make a Workers Compensation Claim for work-related physical or mental injuries/ illness, no matter whether it was caused by your own fault or your employer’s. There is no requirement for you to prove that your employer was at fault or negligent.
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In WA most injury law claims are settled by way of negotiation.
The insurer is under no obligation to provide you with fair compensation or fair offers of settlement to close your claim.
As personal injury law is very complex, most insurers will obtain their own legal representation to negotiate on their behalf.
If you do not have your own legal representation, you will be at a significant disadvantage in safeguarding your interests & you will be exposed to the insurance company taking advantage of you.
To ensure you maximise your compensation entitlements contact Pizzata Injury Lawyers.
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You are under no obligation to accept or respond to any offer proposed by the Insurers.
If you receive an offer of settlement from an insurance company we recomend that you do not respond to it & immediately contact Pizzata Injury Lawyers so we may assist by masterfully negotiating settlement your matter.
It is often that case that insurance companies send unfair/ low-ball offers of settlement to injured persons whom dont have legal representation in attempt to close their claim forever.
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This depends on:
The severity of your injuries
The treatment you require
The rehabilitation you require;
How long it takes for your injuries to stabilise;
Whether you are able to make a common law claim;
Whether you are able to make a claim against any third parties; and
How long it takes to negotiate a settlement with the defendant and their legal representatives.
Most claims handled by Pizzata Injury Lawyers are settled within 1 to 2 years from the date of accident, however under your instruction, Pizzata Injury Lawyers can attempt to negotiate to and settle your outstanding matter whenever you may desire.
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If you suffer a work-related injury/ illness your employer’s insurance company will pay your compensation.
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WorkCover WA is the government agency responsible for regulating and administering the workers compensation scheme in Western Australia.
WorkCover WA is a mutual party in the workers compensation process whom facilitate the mediation of work accident matters & assist injured workers with understanding the workers comepnsaiton process & their rights.
Car/ Motorcycle/ Vehicle accident claim
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were partly at fault and contributed to the accident;
were affected by drugs or alcohol;
disobeyed road rules;
had no seatbelt on;
were not wearing a helmet while riding a motorcycle
It is important to note that in order to make a claim for compensation one must establish that the driver of the other vehicle caused the accident/ was at fault.
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This depends on:
If liability for your car/ vehicle accident has been admitted;
The severity of your injuries;
The medical treatment, medication and rehabilitation you require
How long it takes for your injuries to reach maximum medical improvement/ stabilisation;
Most car/ vehicle accident claims handled by Pizzata Injury Lawyers are settled within 2 years from the date of accident, however, under your instruction, Pizzata Injury Lawyers can attempt to negotiate to and settle your outstanding matter whenever you may desire.
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In WA most injury law claims are settled by way of negotiation.
The insurer is under no obligation to provide you with fair compensation or fair offers of settlement to close your claim.
As personal injury law is very complex, most insurers will obtain their own legal representation to negotiate on their behalf.
If you do not have your own legal representation, you will be at a significant disadvantage in safeguarding your interests & you will be exposed to the insurance company taking advantage of you.
To ensure you maximise your compensation entitlements contact Pizzata Injury Lawyers.
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The Insurance Commission of Western Australia.
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You must commence legal proceedings at the District Court within three (3) years from the date of the accident otherwise you will be barred from making a claim.
Persons under 15 years have six years from the date of their accident to commence legal proceedings.
Persons above the age of 15 years but below the age of 18 years can commence legal proceedings up and until they turn 21.
If you are unsure about completing any of the steps to commence your claim please contact Pizzata Injury lawyers.
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Keep a record of your symptoms, treatment received, days off work, work leave taken, travel expenses incurred due to your injuries.
Don’t provide the insurers/ ICWA or the police with a statement without first seeking legal advice.
Sometimes insurance companies place claimants under surveillance. Basically, the insurers are trying to obtain video footage of you performing activities or movements that defy what you have been deemed medically incapable/ restricted of doing.
Focus on your health, treatment and rehab until your claim has been settled.
To ensure you maximise your compensation entitlements contact Pizzata Injury Lawyers.
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No. 99% of claims settle by way of negotiations.
Public place injury/ accident claim
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You must commence legal proceedings at the District Court within three (3) years from the date of the accident otherwise you will be barred from making a claim.
Persons under 15 years have six years from the date of their accident to commence legal proceedings.
Persons above the age of 15 years but below the age of 18 years can commence legal proceedings up and until they turn 21.
If you are unsure about completing any of the steps to commence your claim please contact Pizzata Injury lawyers.
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You can still make a claim for public liability compensation even if you were partly at fault for your injuries/ accident. It is possible that the Court could apply a discount to any ruling issued to take into consideration the level of contributory negligence of the injured person.
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You need to prove that your accident/ injuries were caused by the fault of a person, company or organisation that owed you a duty of care & the duty of care owed to you was breached resulting in injury and loss.
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This depends on:
If liability for your accident has been admitted.
The severity of your injuries.
The medical treatment, medication and rehabilitation you require.
How long it takes for your injuries to reach maximum medical improvement/ stabilisation.
Most car/ vehicle accident claims handled by Pizzata Injury Lawyers are settled within 2 years from the date of accident, however, under your instruction, Pizzata Injury Lawyers can attempt to negotiate to and settle your outstanding matter whenever you may desire.
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Your compensation will likely be paid for by the insurer of the negligent individual, company or organisation.
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Keep a record of your symptoms, treatment received, days off work, work leave taken, travel expenses incurred due to your injuries.
Don’t provide the insurers with a statement without first seeking legal advice.
Sometimes insurance companies place claimants under surveillance. Basically, the insurers are trying to obtain video footage of you performing activities or movements that defy what you have been deemed medically incapable/ restricted of doing.
Focus on your health, treatment and rehab until your claim has been settled.
To ensure you maximise your compensation entitlements contact Pizzata Injury Lawyers.
Contact us about your injury/ illness
Call 0412 882 211 or fill out the enquiry form & our team will promptly contact you.