Workers’ Compensation and Injury Management …

1 As at 01 Aug 2012 Version 10-e0-00 Extract from , see that website for further information Western Australia Workers Compensation and Injury Management Act 1981 As at 01 Aug 2012 Version 10-e0-00 page i Extract from , see that website for further information Western Australia Workers Compensation and Injury Management Act 1981 CONTENTSPart I Preliminary1. Short title 22. Commencement 23. Purposes 24. Application of Act generally 35. Terms used 55A. Indexation of certain amounts 18 Part II Application of this Act in respect of certain persons and bodies6. Local governments and other authorities 207.

2 Tributers 208. Baptist clergymen 209. Anglican clergy 2010. Other clergymen 2110A. Working directors 2111. Contracted sporting contestants are not workers 2311A. Jockeys 2312. Compensation not payable in some cases for Injury or death before 28 Nov 1977 2413. Act s. 11 and 12 do not affect case where Compensation paid before 28 Nov 1977 2414. Workers employed by Crown 25 Workers Compensation and Injury Management Act 1981 Contents page ii Version 10-e0-00 As at 01 Aug 2012 Extract from , see that website for further information 16. Workers employed on some ships 2617. Crew of fishing vessel 27 Part III CompensationDivision 1 Injury : general18.

3 Employers liable to compensate workers for injuries 2819. Personal Injury by accident arising out of or in course of employment, meaning of 2820. Compensation not payable unless worker s employment connected with WA 2921. Compensation payable from date of incapacity 3122. Serious and wilful misconduct by worker , effect of 3123. Person not to be compensated twice 32 Division 1a Determination by courts and recognition of determination23A. Term used: court 3223B. Determining if WA is connected with worker s employment 3323C. Application to District Court to determine which State is connected with worker s employment 3323D.

4 Recognition of previous determinations 3323E. Determination may be made by consent 34 Division 2 Discontinued regime for lump sum payments for specified injuries24. Injuries in Sch. 2 occurring before 14 Nov 2005, worker may elect to get lump sum for 3424A. Noise induced hearing loss, worker may elect to get lump sum for in some cases 3524B. Election under s. 24 or 24A 3725. Term used: loss of 3826. Further loss of use of part or faculty of body due to subsequent Injury , Compensation for 3827. Compensation decisions etc. made before 18 May 1978, on basis of Sch. 2, effect of 3928. Limit on Compensation for worker electing under s.

5 24B 4029. Effect of s. 24 and 24A on Compensation for incapacity 40 Workers Compensation and Injury Management Act 1981 ContentsAs at 01 Aug 2012 Version 10-e0-00 page iii Extract from , see that website for further information 30. Compensation payable before election under s. 24B 4131. Sch. 2 Part 1, interpretation of 41 Division 2A New regime for lump sum payments for specified injuries31A. Application of Division 4231B. Term used: degree of permanent impairment 4231C. Permanent impairments in Sch. 2, worker may elect to get lump sum for 4331D. Permanent impairments in Sch. 2, assessment of degree of 4331E.

6 Noise induced hearing loss, worker may elect to get lump sum for in some cases 4431F. AIDS, Compensation for 4631G. Further loss of use of part or faculty of body due to subsequent Injury , Compensation for 4731H. Election under s. 31C or 31E 4831I. Effect of election under s. 31H 4931J. Limit on Compensation for worker electing under s. 31H 5031K. Compensation payable before election under s. 31H 50 Division 3 Injury : specified industrial diseases32. Some industrial diseases in Sch. 3, Compensation for 5133. Pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis 5134. Chronic bronchitis and pneumoconiosis, limit on Compensation for 5235.

7 Lung cancer and asbestosis, limit on Compensation for 5336. Claim under s. 33 or 34, referring worker to medical panel 5337. Oral submission to medical panel by medical practitioner 5438. Questions to be determined by medical panel 5439. Tuberculosis and pneumoconiosis, Compensation for 55 Workers Compensation and Injury Management Act 1981 Contents page iv Version 10-e0-00 As at 01 Aug 2012 Extract from , see that website for further information 40. Death without prior incapacity, effect of for this Division 5641. Last employer liable but may join others 5642. How Compensation calculated 5743. Employer to whom notice to be given 5744.

8 Diseases in Sch. 3 deemed due to employment in process in Sch. 3 5845. Additions to Sch. 3 5846. Compensation limited to prescribed amount 5847. Some workers not entitled to Compensation 5948. Sch. 3 diseases to be notified by employer etc. 60 Division 4 Injury : specified losses of functions49. Loss of function in Sch. 4, when Injury occurs as a result of 6151. Last employer liable but may join others 6252. How Compensation calculated 6253. Employer to whom notice given 6354. Loss of function in Sch. 4 deemed due to employment in process in Sch. 4 6355. Additions to Sch. 4 63 Division 5 Commencement, review, suspension, and cessation of payments56.

9 When entitlement to weekly payments ceases due to age 6457. Effect of s. 56 on Sch. 2 and expenses 6457A. Claims procedure where employer insured 6557B. Claims procedure where employer is self-insured or uninsured 6857BA. Notices under s. 57A and 57B, form and content of 7157C. Weekly payments, WorkCover WA to be notified about 7357D. Confidentiality of information given under s. 57C 7458. Liability for weekly payments, arbitrator may determine 7459. Workers who claim Compensation to notify employers as to remunerated work 7660. Discontinuing or reducing weekly payments, order as to 78 Workers Compensation and Injury Management Act 1981 ContentsAs at 01 Aug 2012 Version 10-e0-00 page v Extract from , see that website for further information 61.

10 Discontinuing or reducing weekly payments without order 7962. Reviewing and discontinuing, suspending or changing weekly payments 8263. No Compensation if right to Compensation suspended 8264. Medical examination, worker claiming Injury may be required to attend 8365. Periodical medical examination, workers on weekly payments may be required to attend 8366. Regulations as to medical examinations 8366A. Additional medical examinations 8467. Lump sum in redemption of weekly payments 8468. Calculation of lump sum for s. 67(4) 8669. worker not residing in WA, continuance of weekly payments to 8770. Medical reports, provision of to worker or employer 8771.