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WA Work Accident - Workers Compensation to Cover Wages?

Discussion in 'Personal Injury Law Forum' started by debz, 2 July 2015.

  1. debz

    debz Member

    2 July 2015
    Likes Received:
    My husband crushed his finger at work on the 28th Feb. Workers compensation covered his wages for 10 weeks and then it stopped. He had to in that time have lots of physiotherapy, which improved his finger but not 100%. Our problem now is that he can not get a job. All the jobs he applies for ask "has he ever been on workers compensation?". He puts "yes". After they get the info (work clearance), they say it's not good enough.

    The doctor will not give my husband a full clearance stating he has not fully recovered and it could take up to 18 months before he does, the problem being we are not eligible to any help from Centrelink as we are NZ citizens arriving after 2001.

    If he hasn't got a full clearance, shouldn't he still be covered by workers compensation? It doesn't make sense to me at all, as this was a work accident. I do not understand how it can be putting us in such hardship. Is there help out there for us?

    Thank you.
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    Unless your husband is in a trade union, I think his next move
    might have to be a conversation with a lawyer who works in the field of personal injury.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Lance

    Lance Well-Known Member

    31 October 2015
    Likes Received:
    Yes, contact an employment lawyer. Keep in mind a lot of personal injury lawyers do a "pay when you win" system. I hope it works out for you, it must be very stressful.
  4. Complex16

    Complex16 Well-Known Member

    27 July 2016
    Likes Received:
    If he does not have a doctor's certificate stating he it totally fit for work, then technically he is still suffering an impairment and should be receiving WC benefits. Did his employer offer light duties for him to return to after the 10 weeks?

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