Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 266

266 .         Payment of compensation when employer uninsured

        (1)         If an employer is uninsured in respect of a liability to pay compensation and fails to pay the compensation within 30 days after the employer has accepted (or is taken to have accepted), or an arbitrator has determined, that the employer is liable to pay the compensation, WorkCover WA must pay to the worker from the DI Fund the amount required to satisfy the liability and any award for costs in respect of it.

        (2)         If WorkCover WA is required by this section to pay to a worker an amount in respect of an injury —

            (a)         the amount of that payment is reduced by the amount of any compensation payable to the worker by any other employer in respect of the injury; and

            (b)         the employer paying that compensation has no right under Part 7 Division 3 to recovery of, or indemnity for, the compensation from the worker.