Compensation
You may be able to claim for compensation if you were not at fault and you have experienced an injury, including:
- the cost of treatment
- economic loss (such as not being able to work due to your crash injury)
- pain and suffering
- claims management expenses.
Economic loss is restricted to a maximum of three times the full-time adult average weekly earnings in Western Australia. We will ask you for information to support your economic loss claim.
To qualify for compensation for pain and suffering, an injury needs to reach a minimum threshold and the amount is capped. The figures used to calculate compensation are adjusted for inflation each financial year. See the current threshold schedule here.
To make a compensation claim you are legally required to submit a notice of intent to claim compensation form.
For more information or to claim compensation, contact us or speak to your support officer if you are already receiving some financial support for treatment.
Do I need a lawyer?
For most claims, you do not need a lawyer. You can seek compensation directly from us.
There are some circumstances when engaging a lawyer is recommended. If you have legal representation for your claim, we will copy you in to correspondence made with your lawyer. Note: You can also opt out of receiving correspondence from us, and we will just deal with your lawyer.
Have you lost a close relative in a crash?
If you lost a loved one in a crash and you were dependant on them for financial or other support they provided, you may be able to make a dependency claim under the Fatal Accidents Act 1959.
A close relative is:
- a spouse;
- de facto partner (having lived together on that basis for two years prior to the crash);
- biological or adopted child, step-child, grandchild;
- parent, step-parent, grandparent
- Brother, sister, half-brother or half-sister of the person who was fatally injured.
- a former spouse or de facto partner whom the fatally injured person was legally responsible to financially support;
- a person who was legally responsible for the fatally injured person;
- a person for whom the fatally injured person was legally responsible.
You may be able to claim:
- funeral and headstone expenses in line with the WorkCover rate;
- loss of financial benefit provided by the fatally injured person; and
- loss of services provided by the fatally injured person.
In most cases, you must lodge dependency claims within three years of the date the person died.