Workers Compensation
Workers’ compensation claims are a specialised area of practice in Western Australia. You are likely eligible for workers compensation if you are injured at work.The Workers Compensation and Injury Management Act 2023 (WA), which took effect on 1 July 2024, replaced the long‑standing 1981 legislation and modernised how injured workers obtain benefits. Many Perth law firms advertise workers’ compensation expertise, but the quality of service varies. Our firm blends technical knowledge with an approachable manner.
Common injuries at work include:
Our lawyers understand both the medical and legal aspects of these injuries and we work with medical experts to document the impact on your life
Musculoskeletal and soft-tissue
including back, neck and shoulder strains, sprains, disc herniations, knee and ankle ligament tears, and chronic overuse conditions; commonly arising from manual handling, slips and falls, or repetitive lifting of loads
Traumatic injuries
such as fractures of the arm, wrist, hip or leg; crush injuries and amputations from machinery or falling objects; and traumatic brain or head injuries following falls from ladders, scaffolds, or vehicle collisions on worksites
Repetitive strain and hand injuries
including carpal tunnel syndrome, tendonitis, epicondylitis (tennis or golfer’s elbow), and occupational overuse syndromes caused by repeated movements or sustained awkward postures
Ergonomic and postural injuries
including carpal tunnel syndrome, tendonitis, epicondylitis (tennis or golfer’s elbow), and occupational overuse syndromes caused by repeated movements or sustained awkward postures
Hearing loss and auditory conditions
such as permanent or partial hearing impairment from prolonged exposure to loud industrial, mining, or construction noise without adequate hearing protection
Respiratory and pulmonary diseases
including carpal tunnel syndrome, tendonitis, epicondylitis (tennis or golfer’s elbow), and occupational overuse syndromes caused by repeated movements or sustained awkward postures
Dermatological and occupational diseases
such as contact dermatitis from cleaning agents, chemical burns, or skin cancers from long-term UV exposure in outdoor work.
Ocular and visual injuries
including eye lacerations, foreign body penetration, corneal burns, or vision loss from sparks, chemicals, or flying debris in industrial settings
Neurological injuries
including concussions, post-concussive syndromes, and nerve entrapments (sciatica, peripheral neuropathy) linked to falls, crush incidents, or repetitive strain
Psychological and psychiatric injuries
such as contact dermatitis from cleaning agents, chemical burns, or skin cancers from long-term UV exposure in outdoor work.
Infectious and biological exposures
including needlestick injuries, bloodborne infections (HIV, Hepatitis B/C), and communicable diseases contracted in healthcare and childcare environments
Allergic and anaphylactic reactions
from exposure to food allergens in childcare or chemical sensitivities in cleaning and industrial settings.
Psychological and psychiatric injuries
including work-related stress, workplace bullying, anxiety disorders, adjustment disorders, depression, and post-traumatic stress disorder following serious accidents or exposure to traumatic workplace events
No fault compensation
Navigating a WorkCover WA Claim
Under the Western Australian system, you are not required to prove your employer’s fault to obtain statutory benefits. The WorkCover scheme is based on a ‘no‑fault’ principle and that workers are entitled to compensation if they are injured or develop a disease at work. We explain this clearly to clients so they understand that a claim is not an accusation against an employer
Who is a worker?
WorkCover WA clarifies that full‑time, part‑time, casual, seasonal and even some contractors can be defined as workers We assess your status and can advise if you fall under the definition
Step by Step Guidance through the Workers Compensation Claim Process
When you are injured at work, you should take the following steps:.
Seek first aid and report the injury to your employer. Ensure the incident is recorded in the workplace injury register for documentation.
See a doctor of your choice and obtain a First Certificate of Capacity. Make sure the certificate clearly states your injury details and your ability to work.
Complete a Workers Compensation Claim Form and give it with the certificate to your employer Keep a copy of both documents for your personal records before submission.
The employer has seven days to lodge the documents with their insurer; the insurer then has 14 days to decide on claim liability status and outcome.
Once accepted, you are entitled to several benefits:
Our firm guides clients through the process of obtaining an impairment assessment, interprets the medical report and negotiates a fair lump‑sum settlement. We ensure that decisions are made in line with the updated legislation and that clients understand the implications of accepting a lump sum versus continuing weekly payments. We help clients document all expenses, ensure treatment is pre‑approved, and challenge any improper reduction or cessation of benefits. Workers must be given written notice before income compensation is reduced or discontinue and they can appeal to WorkCover WA’s conciliation and arbitration serviceOur firm regularly represents clients in Conciliation and Arbitration disputes
Our firm guides clients through the process of obtaining an impairment assessment, interprets the medical report and negotiates a fair lump‑sum settlement. We ensure that decisions are made in line with the updated legislation and that clients understand the implications of accepting a lump sum versus continuing weekly payments.
We help clients document all expenses, ensure treatment is pre‑approved, and challenge any improper reduction or cessation of benefits. Workers must be given written notice before income compensation is reduced or discontinue and they can appeal to WorkCover WA’s conciliation and arbitration serviceOur firm regularly represents clients in Conciliation and Arbitration disputes
Weekly income compensation for loss of earnings:
Payable on normal pay days The income compensation is based on pre-injury average earnings It then steps down to 85% after 26 weeks. This ensures workers continue to receive regular financial support. It helps them manage living costs during recovery. And provides stability until they are fit to resume full duties.
Medical and allied health expenses:
Workers can claim reasonable expenses such as doctor visits, specialist treatment medicines, physiotherapy, chiropractic, psychology and hospital charges. There is a limit of 60 % of the general maximum amount but arbitrators may grant extensions of 40 % or even 190 % for special circumstances
Travel and miscellaneous expenses:
You can claim transport, board and lodging costs when attending medical appointments. This helps cover the expenses of necessary travel. It ensures workers are not financially burdened while receiving treatment. And supports access to the medical care needed for recovery.
Workplace rehabilitation expenses:
This helps injured workers return to suitable duties. It provides support throughout their recovery process. Ensures they can work safely without added risk. And promotes a faster return to normal life and wellbeing
Miscellaneous expenses
Also include prostheses, wheelchairs and replacement clothing. These items are provided to support injured workers in daily life. They help maintain mobility and independence. And ensure comfort, dignity, and a smoother recovery process.
Provisional payments:
if the insurer defers a claim and fails to decide within 28 days, provisional income compensation and medical expenses become payable. These payments continue until the claim is accepted or denied
Provisional payments:
if the insurer defers a claim and fails to decide within 28 days, provisional income compensation and medical expenses become payable. These payments continue until the claim is accepted or denied
Common Law Rights and Proving Negligence
The statutory scheme provides basic benefits regardless of fault, but workers may be able to sue their employer for negligence in court.To pursue common‑law damages, you must have at least a 15 % permanent whole‑of‑person impairment (PWPI).This threshold ensures that only workers with significant injuries can access common‑law remedies.Unlike the statutory system, a common‑law claim requires proof of employer negligence. The injured worker must show that the employer breached their duty of care and that this breach caused the injury
Examples of negligence include:
- Failing to provide proper training.
- Unsafe or faulty equipment.
- Slips, trips and falls.
- Neglecting maintenance of equipment and machinery
- Ergonomic negligence.
- Manual handling.
- Ignoring safety standards
- not supplying appropriate protective equipment.
- Manual handling. .
- Lack of supervision.
- Unsafe facilities.
- Exposure to toxic substances such as not controlling dust,
- exposure, diesel fumes, etc.
- Exposure to hazards
- Falling objects
- Forklift accidents
Why Choose us as your Injury Lawyer Perth?
Free Initial Advice
MPK Lawyers offer a free initial consultation to assess your eligibility for a workers compensation claim with absolutely no upfront costs. From the very beginning, you’ll receive clear, practical legal advice from experienced no win no fee lawyers in Perth, so you can make informed decisions about your case without spending a cent. With MPK Lawyers, you can move forward with confidence knowing that your rights are protected and you won’t pay unless we win
Affordable Legal Service – No Win, No Fee!
MPK Lawyers offers genuine no win no fee legal services for personal injury claims with no upfront legal fees. Unlike other personal injury law firms, we don’t charge percentage-based or contingency fees. Our fees are based solely on the work we do once your claim is successful. At MPK Lawyers, we focus on providing cost-effective, expert legal representation to help you get the outcome you deserve
Knowledge and Experience
At MPK Lawyers, our Principal and Founder brings a unique advantage to every case. Having secured millions of dollars in compensation for injured workers throughout his career, he understands exactly what it takes to achieve successful outcomes. What sets him apart is his experience on the other side, previously defending claims on behalf of insurance companies This rare insight into how insurers operate gives MPK Lawyers a powerful edge, enabling us to anticipate strategies, build stronger cases, and fight relentlessly for the best possible result for you.
Step by Step Workers Compensation Lawyers
Many clients are overwhelmed by medical appointments, insurance paperwork and financial pressure. Our lawyers provide compassionate support throughout the process, demystifying legal jargon and explaining rights clearly. We take the stress away and handle your claim from start to end.