In this video Christian Foyle of Foyle Legal discusses the difference in rates of pay between award workers and non award workers and how it can make a big difference to workers compensation claims in Western Australia.

Foyle legal offers no win no fee legal representation for personal injury claims, so that injured people can focus on their recovery and other important things in life.

Foyle legal has helped hundreds of clients, and helped injured Western Australians to recover millions in compensation.

If you have an existing claim, why not contact Foyle Legal at 0408 727 343.

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I’d like to talk to you about the difference in payments between award workers and non award workers in the West Australian worker’s compensation system.

The workers compensation weekly payment 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 whether the worker is a worker to which an industrial award does not apply. In the event that the worker is not an award worker their weekly payments continue at pretty much one hundred percent of their pre-accident wage for the first thirteen weeks and then after that it drops down to eighty-five percent after the first 13 weeks. For example, a worker receiving a thousand dollars a week would have their wages dropped to eight hundred and fifty dollars a week. It’s important to know that in the workers compensation system, insurers have a hell of a lot of claims and they often get it wrong as far as weekly payment of compensation go. Insurance companies often get it wrong, as to whether worker is an award worker or a non award worker. And this can lead to workers being underpaid, often for several years.

I’d like to talk to you about what the law says about weekly payments in the case of Mcquillen vs Burrup Fertilizers. The judge said in my opinion, on the true construction of the provisions in relation to the weekly payments, a workers earnings are prescribed by an industrial award. If they are subject to that award irrespective of whether the contract of employment imports the award into its provisions or was made by reference to its terms. This is an important distinction in that it doesn’t actually have to mention that you’re being paid in accordance with an award for an award to form part of your employment arrangement.

So what does this mean for workers? It means that there’s a situation where a worker is often entitled to receive one hundred percent of their wage rather than 85. And the insurer has actually said that there are only entitled to eighty-five percent of their wage. This can make a huge difference to the bottom line for injured workers, and they can this help injured workers to get more from their settlement when they go to settle their case.

For example, if you arguing about weekly payments for another year, then obviously having a thousand dollars a week as opposed to 850 dollars a week makes a huge difference.

Foyle Legal specialize in the area of workers compensation claims and can assist you on a No Win No Fee basis. If you have had a workers compensation claim, Foyle Legal can help you to apply for WorkCover WA for a review of weekly payments of compensation. That means Foyle Legal can help you to determine whether you’re being paid in accordance with an award and if so, they can check with the insurance company to see if they agree to putting your wages up and if they don’t you can go through WorkCover WA, which is like the court for workers compensation.

Thank you for listening and if you made a workers compensation claim and you would like us to look into your weekly payments would look forward to hearing from you. Thank you very much
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