If you’re injured while working on a mine site, construction site, or any workplace where multiple companies are involved, it’s important to understand that your rights may go beyond a standard workers’ compensation claim.
A lot of workers assume that once they lodge a workers’ compensation claim, that’s the end of the story. In many cases, it isn’t.
Here’s a simple breakdown of how workplace injury claims work in Western Australia, and why it’s worth getting proper legal advice before signing anything or settling your claim.
Workers’ Compensation in WA – The Basics
In Western Australia, employers are legally required to have workers’ compensation insurance for their employees.
This system operates under the Workers Compensation and Injury Management Act 2023 and is what lawyers call a “no fault” system.
That means:
- It does not matter who caused the accident
- It does not matter whether your employer was negligent
- It does not matter if nobody was at fault
If you were injured during the course of your employment, you may be entitled to workers’ compensation benefits.
What does workers’ compensation cover?
Generally, workers’ compensation can provide access to:
- Weekly wage payments
- Medical and treatment expenses
- Rehabilitation and return-to-work support
- Travel expenses related to treatment
It’s designed to act as a safety net for injured workers.
However, because it is a no fault system, there are limits and caps on what you can receive.
For many seriously injured workers – particularly those who cannot return to their previous employment – workers’ compensation alone may not be enough.
What Is a Common Law Claim?
Separate to workers’ compensation, you may also have the right to bring a common law claim.
This is essentially a negligence claim for damages.
To succeed in a common law claim, you generally need to show:
- Someone owed you a duty of care
- They breached that duty
- Their actions (or failure to act) caused your injury
- The injury was reasonably foreseeable
If successful, a common law claim can provide compensation for things like:
- Loss of future earnings
- Pain and suffering
- Future medical expenses
- Loss of superannuation
- Care and assistance needs
These claims are usually worth significantly more than standard workers’ compensation entitlements.
Can You Sue Your Employer in WA?
Sometimes.
In WA, there are thresholds that apply if you want to bring a common law claim against your employer.
You generally need to have:
- At least 15% Whole Person Impairment (WPI) assessed by an approved assessor
Whole Person Impairment is assessed using medical guidelines and objective testing. It is not based on pain alone.
If your impairment is:
- 15% to under 25% – compensation is capped
- 25% or more – compensation may be uncapped
But here’s the important part many workers don’t realise:
You May Be Able to Claim Against Someone Other Than Your Employer
This is especially common on:
- Mine sites
- Construction sites
- Labour hire arrangements
- Large industrial projects
- Multi-contractor workplaces
On these sites, there are often several different companies involved in the work.
And sometimes, the party actually responsible for the unsafe situation is not your employer.
A Common Example on Mine Sites
Imagine this situation:
- You work for a labour hire company
- You are sent to work for a mining contractor
- The work takes place on a mine owned by another company
Now imagine you suffer a back injury while driving haul trucks on poorly maintained mine roads.
Your employer may have workers’ compensation insurance, so you can access workers’ compensation benefits.
But what if:
- The roads were unsafe?
- The mine operator failed to maintain them?
- The potholes and damaged roads caused your injury?
In that situation, the mine operator itself may have breached its duty of care.
That could mean:
- A workers’ compensation claim against your employer
- AND a separate negligence claim against the mine operator
Importantly, claims against third parties (someone other than your employer) do not require you to meet the 15% Whole Person Impairment threshold.
That can make a huge difference for workers with injuries like lower back injuries, shoulder injuries, or other conditions that may seriously affect their ability to work but do not reach the required impairment threshold.
Why This Matters
Many injured workers face situations where:
- They can no longer continue in mining or construction work
- Their workers’ compensation payments run out
- They are left with ongoing pain and reduced earning capacity
- They are unable to access a claim against their employer because they are under 15% WPI
But if another company contributed to the injury, there may still be a pathway to proper compensation.
That’s why it’s critical to properly investigate:
- Who controlled the work
- Who gave instructions
- Who maintained the site
- Who created or failed to remove hazards
Be Careful Before Settling Your Claim
One of the biggest mistakes injured workers make is signing settlement documents without understanding what rights they may be giving up.
In some cases, insurers may ask workers to sign agreements that affect their ability to pursue claims against:
- Principal contractors
- Site operators
- Mine owners
- Other third parties
You should never sign anything without understanding:
- What rights you are giving up
- Whether you may have a separate negligence claim
- Whether the settlement is actually fair
The Insurance Company Is Not Your Lawyer
Even if the insurer seems helpful, it’s important to remember:
- The insurer acts for your employer
- They do not represent you
- They are not required to advise you about potential claims against other parties
- They are not there to protect your long-term interests
That’s why independent legal advice matters.
Final Thoughts
If you’ve been injured at work – particularly on a mine site, construction site, or in a labour hire arrangement – do not assume workers’ compensation is your only option.
You may have additional rights against:
- Contractors
- Site operators
- Mine owners
- Principal employers
- Other third parties involved in the work
Getting proper advice early can make a significant difference to your future.
An initial consultation costs nothing, and it allows you to make informed decisions about your rights and options.
Because once you settle a claim or sign away rights, it can not be undone.
Disclaimer: Every claim is different and entitlement to compensation depends on individual circumstances. This article contains general information only and is not legal advice.
