Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 272

272 .         Exercise by WorkCover WA of rights of uninsured employer

        (1)         If an employer is uninsured in respect of a liability to pay compensation or insurable damages and a claim or action for the compensation or damages is brought against the employer, WorkCover WA has all of the rights of the employer as the party against whom the claim or action is brought in place of the employer, including the right to —

            (a)         become a party to proceedings in relation to the claim or action; and

            (b)         consent to an award or order being made in a proceeding before a dispute resolution authority; and

            (c)         consent to a judgment being given in a proceeding before a court; and

            (d)         enter into an agreement as to settlement of the claim or compromise of the action; and

            (e)         exercise the rights of the employer in relation to injury management and return to work; and

            (f)         require the worker to undergo an examination under section 180.

        (2)         WorkCover WA may sue for and recover from the employer as a debt any fees, costs and charges incurred by WorkCover WA under this section, whether or not WorkCover WA was successful in any proceedings.

        (3)         Without limiting subsection (1), until an amount paid to a worker under section 266 or  267 is recovered under this Division, WorkCover WA may exercise any rights of the employer in relation to the payment of that amount.