Frequently Asked Questions
What injured workers in WA often ask about compensation claims
In case your claim is accepted, then there will be payments that will compensate for any loss of earnings when you cannot go to work, as well as other medical expenses. The scheme also helps in injury management and rehabilitation.
Workers' compensation is generally a no-fault statutory scheme, meaning you may be able to make a claim even if your employer was not at fault for the injury. However, a claim for damages is a different common law claim that generally requires proof of negligence.
Yes. It is not confined to one injury. Conditions resulting from cumulative exposure, such as cumulative trauma disorder, hearing loss, or occupational diseases, can be filed if the job has played a part in their development. Maintain documentation of your duties and treatment.
Common questions people ask about motor vehicle accident claims in WA
Seek medical assistance, notify the police in case the law requires it, and exchange information with the other motorist. Take pictures of the accident scene and your injuries, and save all documentation and receipts related to the injuries. Inform the Insurance Commission about it immediately, but seek counsel before making a statement to any insurance company.
Time limits can apply, and they depend on the type of claim and your circumstances. In many cases, a court claim must be started within three years, but the start date and exceptions (including for children) can vary.
It may still be possible to claim. In WA, the Insurance Commission of Western Australia administers compulsory third party (CTP) motor injury insurance and handles many such claims. Report the crash to the police where required and preserve any dash cam footage and witness details.
Answers to questions about injuries on footpaths, in shops and other public places
Maybe. You might have a case if there was a breach of reasonable care on the part of the owner or occupier, for example, the shop or council, in respect of a known danger that led to your injury. Common examples include a slippery floor without a warning sign or an unsound pavement.
This depends on the individual who has control over or owns that particular piece of land. This could either be a local authority, the landowner, the occupant, or a maintenance contractor. Document the incident by taking photographs of the danger and noting witnesses before notifying the owner.
Limitation periods apply and depend on the circumstances. In WA, many personal injury claims are subject to a three-year limitation period that generally runs from the "discoverability" date (when you first knew, or ought reasonably to have known, of the injury and its cause). There are exceptions and extensions in some cases. CCTV evidence is normally retained for a short period of time, so seek legal advice immediately.
What victims of crime in WA want to know about compensation
In WA, applications may be made by eligible victims of an offence who have suffered injury (including physical injury and certain psychological injury). In some instances, close family members of a deceased victim can apply for certain expenses and loss of support. Eligibility and what can be claimed depend on the legislation and the facts. Compensation may be granted even if no charges are laid.
Usually within three years after the commission of the offence or the last of multiple offences. Out-of-time applications may be accepted if the assessor is satisfied there are good reasons for the delay. Interim payments are sometimes possible in cases of urgent expenses such as medical treatments or reports.
It all depends on your injuries and losses and the applicable statutory maximum. For one offence committed after 1 January 2004, the maximum is $75,000. Compensation can be refused or reduced in some circumstances, including where a victim did not reasonably assist police or contributed to the offence.
Questions patients ask when they think their medical care went wrong
Some common cases are where there is a wrong diagnosis, surgical error, drug or anesthesia error, injury during birth, lack of warning about any material risk prior to treatment, and inadequate follow-up treatment. Every case requires independent expert evidence.
There may be a claim raised against the individual physician, nurse, or other medical professionals, or against the institution that provided you with treatment. Your lawyer will determine who owed you a duty of care and who breached their obligation.
What to know if you’ve been bitten or attacked by a dog in WA
Potentially, yes. Under the Dog Act 1976 (WA), an owner can be liable for injury or damage caused by their dog, including where the dog has not previously displayed aggression, but liability can depend on the circumstances. Other factors, including provocation and trespass, can affect liability.
The insurer from the owner's house and contents insurance, which normally includes personal liability insurance, would take care of the claim. But when the owner has no insurance coverage, then the owner would become personally liable.
Seek medical attention immediately, as injuries may become infected. Take pictures of the injuries, obtain contact information from the owner and witnesses, and inform the local government of the incident. Maintain all medical documentation, and seek legal counsel prior to contacting the owner’s insurance.
Questions people ask about claiming when someone else’s carelessness caused harm
Negligence is a failure to take reasonable care that causes loss or injury. Generally, a claimant must prove duty of care, breach of duty, causation and loss (damage).
When contributory negligence is used, there is partial liability for injuries sustained on one’s part. The compensation awarded will be reduced depending on the degree of negligence. There is hope of claiming even if one is partially responsible.
Limitation periods depend on the type of claim and the circumstances. In WA, many personal injury claims are subject to a three-year limitation period that generally runs from the "discoverability" date. Many other civil claims (including many contract and property damage claims) have a six-year limitation period. There are exceptions and extensions in some cases.
What businesses ask when a customer or client won’t pay
A statutory demand is a demand made under the Corporations Act 2001 (Cth) for payment of a debt a company owes. It should only be used for a due and payable debt that is not genuinely disputed. The debt must be at least the statutory minimum (currently $4,000). The company has 21 days after service to comply or apply to the court to set the demand aside.
A genuine dispute (or an offsetting claim) is commonly a basis to have a statutory demand set aside, so you may need to negotiate, mediate, or commence court proceedings instead. Preserve your agreement, invoices, and evidence of delivery/completion. A lawyer will advise you on whether there is a genuine dispute or offsetting claim.
In WA, enforcement options depend on the court and the type of judgment. For many State judgments, the Civil Judgments Enforcement Act 2004 (WA) provides processes to enforce a judgment, which may involve seizing and selling assets or garnisheeing (diverting) money owed to the debtor.
What employees in WA commonly ask about dismissal, redundancy and their rights
You should lodge your claim within 21 days after the dismissal becomes effective. You also should have fulfilled the minimum employment period of six months, or 12 months for a small business employer. Lastly, you need to be covered by a modern award or enterprise agreement, or have earnings below the high income threshold (indexed each 1 July).
Unfair dismissal determines whether the dismissal is harsh, unjust, or unreasonable. A general protections claim can involve dismissal or other adverse action for a prohibited reason. General protections claims do not have a minimum employment period, and are not subject to the high income threshold/award coverage requirement that applies to unfair dismissal claims.
Often, yes, if your position is genuinely redundant and you have at least one year’s continuous service. The entitlement starts at four weeks and increases with length of service. Some employers (including small business employers) may be excluded, and awards or enterprise agreements may provide different entitlements.
Many private sector workers are covered by the national workplace relations system and may deal with the Fair Work Commission. Some workers are covered by the WA state industrial relations system and may deal with the WA Industrial Relations Commission. Which applies depends on the employer and the type of employment.
Questions business owners ask before they sign or when a contract goes wrong
At a minimum: the parties, the scope of services/goods, the cost and terms of payment, starting date and duration, termination provisions, limitation of liability and dispute resolution procedures. If applicable, include confidentiality and intellectual property provisions.
Yes, most often. The oral contract can be binding if the elements of an agreement are there. The difficulty comes when proving the terms of the agreement if there is a conflict, so get things on paper.
Under the Australian Consumer Law, if a term in a standard form consumer contract (or a standard form small business contract) is declared unfair by a court, it will be void. The term may be unfair if it would cause a significant imbalance in the parties' rights and obligations, is not reasonably necessary to protect the advantaged party's legitimate interests, and would cause detriment if relied on.