Western Australian Current Regulations

WORKERS COMPENSATION AND INJURY MANAGEMENT REGULATIONS 2024 - REG 54

54 .         Worker may give claim to insurer if employer defaults

        (1)         If an insured last employer from which a worker has claimed noise‑induced hearing loss compensation fails to give the claim to the insurer in accordance with regulation 53, the worker may give the claim to the insurer.

        (2)         A worker gives a claim to the insurer by either —

            (a)         giving the insurer a copy of the claim form, the audiological test report and the NIHL assessment report that were given to the last employer; or

            (b)         giving the insurer another completed claim form (in the approved form), the audiological test report and the NIHL assessment report.

        (3)         A claim that a worker gives to an insurer is taken to have been given to the insurer by the last employer at the time the worker gives it to the insurer and the insurer must deal with the claim accordingly.

        (4)         WorkCover WA may, for the purposes of this regulation, disclose to a worker the identity and other details of an insurer.