With effect from 1 July 2024, the Insurance Commission no longer provides industrial diseases insurance for employers engaged in mining activities in Western Australia.
Under the new Workers Compensation and Injury Management Act 2023 (the Act) which came into effect on 1 July 2024, mining employers are no longer required to obtain industrial disease/dust disease insurance from the Insurance Commission of Western Australia.
Cover that was provided for industrial diseases/dust diseases will now be provided under a Workers Compensation insurance policy.
For employers
Background
Industrial diseases insurance was compulsory for employers engaged in mining activities in Western Australia under Section 163 of the Workers' Compensation and Injury Management Act 1981, and the Insurance Commission of Western Australia (Insurance Commission) was the sole provider of this insurance.
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.
Under the new Workers Compensation and Injury Management Act 2023 (the Act) which came into effect on 1 July 2024, mining employers will no longer be required to obtain industrial disease/dust disease insurance from the Insurance Commission. Cover that was provided for industrial diseases/dust diseases will now be provided under a Workers Compensation insurance policy.
The industrial diseases insurance policies issued by the Insurance Commission before 1 July 2024 will continue to respond to claims incurred for employment periods prior to 1 July 2024.
Claims
For employment periods prior to 1 July 2024
If a worker believes they are suffering from a specified industrial disease/dust disease they should inform their employer and see a medical practitioner immediately. It is the employer’s responsibility to notify WorkCover WA within seven days.
- 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 Dust 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.
For employment periods from 1 July 2024
If a worker believes they are suffering from a specified industrial disease/dust disease they should notify their employer and the employer’s insurer via the employer’s established workers compensation claims notification/lodgement process.
For workers
For employment periods prior to 1 July 2024
If you believe you are suffering from a specified industrial disease/dust disease you should inform your employer and see a medical practitioner immediately. It is the employer’s responsibility to notify WorkCover WA within seven days.
- 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 Dust 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.
For employment periods from 1 July 2024
If you believe you are suffering from a specified industrial disease/dust disease you should notify your employer and the employer’s insurer via the employer’s established workers’ compensation claims notification/lodgement process.
Page Last Updated 11 Sep 2024