Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 138

138 .         Claims procedure: insured employer

        (1)         An insured employer must give a claim for compensation under this Division made on the employer to the insurer within 7 days after the claim is made.

        Penalty for this subsection: a fine of $5 000.

        (2)         On receiving a claim for compensation under this Division, an insurer must give a copy of the claim to WorkCover WA.

        (3)         As soon as practicable after receiving a claim for compensation under this Division, an insurer must —

            (a)         give the claimant and the employer notice that liability is accepted in respect of the compensation claimed; or

            (b)         give the claimant and the employer notice that liability is disputed in respect of some or all of the compensation claimed; or

            (c)         give the claimant notice requiring that additional information or documents specified in the notice be provided to enable a decision to accept or dispute liability for compensation to be made.

        (4)         As soon as practicable after receiving information or documents required under subsection (3)(c), the insurer must give the claimant and the employer —

            (a)         notice that liability is accepted in respect of the compensation claimed; or

            (b)         notice that liability is disputed in respect of some or all of the compensation claimed.

        (5)         A notice given under subsection (3) or (4) must be in the approved form and the insurer must give a copy of the notice to WorkCover WA.



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