Western Australian Numbered Acts Western Australian Numbered Acts (1) If insurable
damages are awarded by judgment against an employer who is uninsured in
respect of the liability to pay the damages and the employer does not pay the
damages awarded within 30 days after the due date for payment, WorkCover
WA must pay the appropriate amount to the worker from the DI Fund.
(2) The appropriate
amount for payment is the amount required to satisfy the judgment (to the
extent that it provides for the payment of insurable damages) and any order
against the employer for costs in respect of the action.
(3) If the insurable
damages awarded to a worker are for mesothelioma or the worker’s death
is imminent, WorkCover WA may pay the appropriate amount to the worker
from the DI Fund after the due date for payment of the damages without
regard to the requirement that the employer has not paid the damages awarded
within 30 days after the due date for payment.
(4) For the purposes
of this section —
(a) a
reference to judgment includes a reference to the acceptance of an offer to
consent to judgment and to settlement by agreement made with WorkCover WA in
the exercise by WorkCover WA of the rights of an uninsured employer under
section 272; and
(b) a
reference to damages awarded includes a reference to damages so agreed; and
(c) a
reference to the due date for payment of damages is a reference to the date
payment is due under the judgment.
(5) 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 employer in respect of the injury (except to the extent that
the damages awarded have already been reduced on account of compensation
payable); 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.