Workers Compensation System for Award Workers and Non-Award Workers in Western Australia

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Workers Compensation System for Award Workers and
Non-Award Workers in Western Australia

• Foylelegal.com
• 0408 723 343

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Award Workers and Non-Award Workers

• Workers compensation weekly payments in Western
  Australia vary based on whether a worker is a
  person whose earnings are prescribed by an
  industrial award when the injury occurs or a
  worker to which an award does not apply.

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Decrease in wages for non-award workers

• In the event a worker is not an award worker,
  their weekly payments decrease to 85 after the
  first 13 weeks.
• For example a worker receiving 1,000.00 a week
  would have their wages drop to 850.00 per week
  (gross figures).

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Insurers often get it wrong

• Insurance companies often get it wrong as to
  whether a worker is an award worker or a
  non-award worker leading to workers being
  underpaid, often for several years.

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What does the case law say about weekly payments?

• In the case of McMillan v Burrup Fertilisers
  C12-2011 del. 12 July 2011 it was said
• In my opinion, on the true construction of
  subcl 11(3), a workers earnings are ?prescribed
  by an award if they are subject to that award,
  irrespective of whether the contract of
  employment imports the award into its provisions
  or was made with reference to its terms.

Source Safe Work Australia
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What does that mean for workers?

• This often leads to a situation where a worker is
  entitled to receive 100 of their wage rather
  than 85 as they would as a non award worker.
• This can make a huge difference to the bottom
  line for injured workers and it can help injured
  workers get more at the point when they are
  settling their case.

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Workers Compensation Lawyers Perth

• Foyle Legal specialises in all areas of personal
  injury claims
• If you have made a workers compensation claim
  Foyle Legal can help you to apply to WorkCover WA
  for a review of weekly payments.
• Contact Foyle Legal for an Obligation Free Claim
  Assessment
• Foyle Legal provides NO WIN NO FEE personal
  injury representation

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If you have made a personal injury claim in
Western Australia We can help you!
5a/74 Kent Way Malaga, Perth, WA 6090 0408 727
343 https//foylelegal.com