Industrial Diseases

Background

Industrial diseases insurance is compulsory for employers engaged in mining activities in Western Australia under Section 163 of the Workers' Compensation and Injury Management Act 1981.

Liability is limited to workers' compensation payments for the respiratory diseases of pneumoconiosis, lung cancer, mesothelioma and diffuse pleural fibrosis, all of which may arise from exposure to harmful mineral dust through employment in mining activities.

Policy Information

The Insurance Commission issues industrial diseases insurance policies to mining industry employers, and pays claims arising from these policies.  The liabilities are underwritten by the Insurance Commission.

The policy is issued to a legal entity. Subsidiary companies are individual legal entities and a separate policy must be issued for each subsidiary company if they employ people who work on, or visit, mine sites.

Effective from 30 June 2021, working directors who are deemed workers under section 10A of the Act who are declared by you in a statement to the relevant insurer under section 160 of the Act.

When applying for a policy, send an email to id1@icwa.wa.gov.au and include:

• Name of legal entity requiring cover.
• Australian Business Number (ABN).
• Postal and street address of the legal entity.
• WorkCover WA number.

Premium

WorkCover WA determines the minimum premium for the policy, which is issued for a three year period or part thereof, for a total premium of $110 (including GST).

Premiums are non-transferrable between policies and there are no refunds for policy cancellations.

Claims

If an employee believes they are suffering from a specified industrial disease he/she should inform you and see a medical practitioner immediately. It is your responsibility to notify WorkCover WA within seven days.

If you believe you are suffering from a specified industrial disease, you must inform your employer and see a medical practitioner immediately.

• Complete a Claim Form.
• Attach a copy of your medical certificate or other documentation related to the disease (e.g. scan reports).
• Send the claim form and attachments to us by email or mail to GPO Box U1908, PERTH Western Australia 6845.

Once a claim is lodged a worker suffering from any of these diseases is required to be examined by the Industrial Diseases Medical Panel.

Given the complex nature of asbestos related workers’ compensation claims it is recommended workers obtain legal representation or seek information from an organisation supporting asbestos disease sufferers.