Reporting accidents and dust diseases

If an injury occurs in the workplace, make sure:

For details on your obligations once a workers compensation claim has been received see the Receiving and managing claims and Return to work sections.

Reportable accidents
It is a requirement of the Work Health and Safety Act 2020 that employers whose employees suffer certain ‘notifiable’ injuries must notify WorkSafe WA.

Mining, onshore petroleum and geothermal operations must notify WorkSafe of any accidents and dangerous incidents.

Dust related diseases
Workers exposed to asbestos or silica who have been diagnosed with the following industrial diseases are able to lodge a claim for compensation:

  • pneumoconiosis or silicosis
  • mesothelioma
  • lung cancer
  • diffuse pleural fibrosis.

An employer must, within seven days after a dust disease compensation claim is made, give a copy of the claim to WorkCover WA.

Once a claim is lodged a worker suffering from any of these four diseases is required to be examined by the Dust Disease Medical Panel. Given the complex nature of asbestos or silica related workers compensation claims it is recommended workers obtain legal representation or seek information from an organisation supporting asbestos and silica disease sufferers.

Receiving a claim for dust disease

If your worker has been diagnosed, or has a provisional diagnosis of one of the four specified dust diseases they should follow the following steps to make a workers compensation claim:

  • obtain a First Certificate of Capacity from their treating doctor with a diagnosis (or provisional diagnosis) of the specific dust disease
  • complete a Dust Disease Compensation Claim Form & Request for WPI Determination – Common Law.
  • make copies of the Certificate and Claim Form for their records
  • give you the following original documents
    • First Certificate of Capacity
    • a completed Dust Disease Compensation Claim Form & Request for WPI Determination – Common Law
  • you must, within seven days of receiving the claim forward that claim to WorkCover WA (your insurer may submit the claim to WorkCover WA on your behalf, however, it must be submitted within seven days after the claim is made on the employer)
  • WorkCover WA will refer the claim to the Dust Disease Medical Panel (DDMP) for assessment and determination
  • before a DDMP can commence an assessment, the worker will need to submit medical tests and a report from a respiratory specialist
  • the DDMP may request additional medical tests, information or documents before it makes a determination
  • the DDMP must make a determination within 28 days after it has obtained all the information and documents necessary to make a determination
  • you, your worker and your insurer will be provided with a copy of the DDMP’s determination within seven days of that determination being made
  • your insurer will have 14 days, after receiving the DDMP determination, to make a liability decision notice on the claim.

For further information, see the liability decision notice process.

Dust Disease Medical Panel
All claims for compensation in relation to diffuse pleural fibrosis, mesothelioma, lung cancer, pneumoconiosis or silicosis are referred to the Dust Diseases Medical Panel (DDMP) for determination. The DDMP is made up of physicians who specialise in respiratory medicine and occupational medicine. The DDMP operates independently, with WorkCover WA providing administrative support and funding only.

Functions of the DDMP
The DDMP examines workers who may be adversely affected by diffuse pleural fibrosis, mesothelioma, lung cancer, pneumoconiosis or silicosis to determine:

  • Is or was the worker suffered suffering from diffuse pleural fibrosis, mesothelioma, lung cancer, pneumoconiosis or silicosis?
  • Is or was the worker incapacitated for work because of the injury by dust disease and, if so, what is or was the extent of the workers incapacity for work?
  • What is assessed to be the degree of permanent whole of person impairment resulting from the injury by dust disease?
Operation of the DDMP
When appearing before the DDMP:

  • the worker may be medically examined by the panel members
  • work history, medical history, medical evidence and symptoms may be discussed with the worker
  • the worker’s CT results and lung function tests are examined.
Determinations of the DDMP
Following the examination of the medical evidence provided and a review of the worker’s condition, the DDMP makes a determination as to whether one of the four listed diseases is present. This determination is final, conclusive and binding on both parties and a copy is provided to both the worker and employer. It is important to note that:

  • there is no restriction on the number of appearances the worker may make before the DDMP
  • the DDMP can only make a determination regarding pneumoconiosis, mesothelioma, lung cancer and diffuse pleural fibrosis based on the available medical evidence
  • if the DDMP determines the worker is not suffering from one of these four diseases, it does not imply that there is nothing wrong, nor does it prevent the worker from making a claim for other conditions which may be compensable under the provisions of the Act.

Determinations in absentia

Provided sufficient medical evidence has been supplied and the DDMP agrees, a determination may be made without a worker having to attend. This applies only where the worker is unable to attend due to hospitalisation or distance.