Western Australian Numbered Acts Western Australian Numbered Acts After section 30
insert:
30A. Notification and disclosure of information
about injured worker
(1) In this
section —
relevant information , about an injured worker,
means information about the worker’s injury or about a claim for
compensation or damages in respect of the worker’s injury that is
relevant to —
(a) the
worker’s eligibility to be a participant in the CISS; or
(b) the
worker’s participation in the CISS.
(2) Words and
expressions used in this section that have a defined meaning in the
Workers Compensation and Injury Management Act 2023 have the same meaning
in this section as they have in that Act.
(3) WorkCover WA, a
licensed insurer or self-insurer may disclose relevant information about an
injured worker to the Commission if the worker’s injury is or appears
likely to be a catastrophic injury.
(4) An insurer or
self-insurer who has received a claim for compensation made by an injured
worker in respect of an injury that is or appears likely to be a catastrophic
injury must —
(a)
provide to the Commission details of the worker’s claim and copies of
any medical report or certificate of capacity obtained by or provided to the
insurer or self-insurer in connection with the claim; and
(b)
notify the Commission within 7 days after liability to pay compensation
has been accepted (or is taken to have been accepted) by the licensed insurer
or self-insurer or has been determined by an arbitrator.
(5) A worker who has
suffered an injury that is a catastrophic injury must notify the Commission
within 7 days after —
(a) an
election is made by the worker to retain the right to seek damages in respect
of the injury for the purposes of the Workers Compensation and Injury
Management Act 2023 section 421;
(b) any
payment of damages in respect of the injury is received by the worker, or any
claim for damages by the worker in respect of the injury is settled, if the
damages include an amount for expenses in relation to future treatment, care
and support needs.