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

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. For more information, Please contact us. Foyle Legal, 6/2 Carson Road, Malaga, Perth, WA 6090, Ph: 0408 727 343, https://foylelegal.com/

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

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  1. Workers Compensation System for Award Workers and Non-Award Workers in Western Australia Foylelegal.com 0408 723 343

  2. Award Workers and Non-Award Workers Copyright 2015 Foyle legal all rights reserved 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.

  3. Decrease in wages for non-award workers Copyright 2015 Foyle legal all rights reserved 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).

  4. 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. Copyright 2015 Foyle legal all rights reserved

  5. 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 sub–cl 11(3), a worker‘s 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 Copyright 2015 Foyle legal all rights reserved

  6. What does that mean for workers? Copyright 2015 Foyle legal all rights reserved 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.

  7. 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 Copyright 2015 Foyle legal all rights reserved

  8. 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 Copyright 2015 Foyle legal all rights reserved

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