Workers’ Compensation in Western Australia: Disputed Mental Stress Claims
Introduction
The workers’ compensation and injury management scheme (“the scheme”) in Western Australia is administered by WorkCover WA in accordance with the Workers’ Compensation and Injury Management Act 1981 (“the Act”’). The main purpose of the scheme is to assist injured workers in their return to employment by providing financial compensation. The scheme provides an injured worker financial compensation by paying for weekly wages, travelling expenses, medical expenses and rehabilitation programs. Workers’ Compensation in Western Australia is divided into two groups, claims for injury and claims for disease related conditions. In my view, the scheme accepts that workers would not have sustained their injury if it was not for their respective employment and as such, it is fair and just that workers are appropriately compensated by the scheme.
To be eligible for workers’ compensation, the worker must be defined as a worker by law, the injury must be as a result of the worker’s employment and a First Certificate of Capacity must be issued by a general medical practitioner of the view that the injury …show more content…
This is easily accomplished by the insurer as they are aware that mental stress claims can be falsified by workers as you can’t physical see the injury. Caution, should, however be practised in making that determination as it is harmful towards workers that have sustained a genuine injury due to workplace stress. In addition, if a general practitioner is of the view that the worker’s injury was sustained as a result of their employment, the insurer should treat this as sufficient information as the worker has met all of the above mentioned minimum requirements of the Act to be
Introduction
The workers’ compensation and injury management scheme (“the scheme”) in Western Australia is administered by WorkCover WA in accordance with the Workers’ Compensation and Injury Management Act 1981 (“the Act”’). The main purpose of the scheme is to assist injured workers in their return to employment by providing financial compensation. The scheme provides an injured worker financial compensation by paying for weekly wages, travelling expenses, medical expenses and rehabilitation programs. Workers’ Compensation in Western Australia is divided into two groups, claims for injury and claims for disease related conditions. In my view, the scheme accepts that workers would not have sustained their injury if it was not for their respective employment and as such, it is fair and just that workers are appropriately compensated by the scheme.
To be eligible for workers’ compensation, the worker must be defined as a worker by law, the injury must be as a result of the worker’s employment and a First Certificate of Capacity must be issued by a general medical practitioner of the view that the injury …show more content…
This is easily accomplished by the insurer as they are aware that mental stress claims can be falsified by workers as you can’t physical see the injury. Caution, should, however be practised in making that determination as it is harmful towards workers that have sustained a genuine injury due to workplace stress. In addition, if a general practitioner is of the view that the worker’s injury was sustained as a result of their employment, the insurer should treat this as sufficient information as the worker has met all of the above mentioned minimum requirements of the Act to be