WCIMA 2023 – The WA Legislative Council has passed a Bill to modernise workers compensation laws in Western Australia

The WA Legislative Council has passed a Bill to modernise workers compensation laws in Western Australia. 

Some of the key changes are outlined below

1. Increasing the cap on medical and health expenses twofold and extending the point at which workers’ weekly compensation payments step down (from 13 weeks to 26 weeks);
2. Providing lifetime care and support to workers who have suffered catastrophic injuries under the catastrophic injuries support scheme (CISS), on par with those who have suffered catastrophic injuries in a motor vehicle accident.
   The CISS covers the following catastrophic injuries: spinal cord injury, traumatic brain injury, amputations, burns and permanent blindness.
3. Amending the Limitation Act 2005 so that workers suffering silicosis are on the same footing as workers with asbestosis.
4. The weekly rate of income will now be calculated based on either the worker’s earnings for one year ending the day before the injury occurred or for the period from the start of employment to the day before the injury (if less than one year).
5. Increasing the time required for an employer to give the worker’s claim to their insurer from five days to within seven days of receiving the claim from the worker.  This adjustment allows for more thorough processing of claims and guarantees timely responses to workers’ needs.
6. Exclusion of Stress-Related Claims arising from wholly or predominantly reasonable administrative actions, including formal appraisal of the worker’s performance or formal suspension or disciplinary action.
   The exclusion does not extend to psychological claims associated with other conduct of the employer (e.g. bullying), or administrative action that is unreasonable and harsh on the part of the employer.

“These new laws will allow injured workers receiving an appropriate level of financial support for medical expenses and loss of income.”

The target commencement date of the new Act is 1 July 2024 when supporting regulations and administration changes are finalised.

More information can be obtained from the WorkCover WA website https://www.workcover.wa.gov.au/