WA Police workers comp
what you get instead, and how to claim it

In every other Australian jurisdiction, an injured police officer can make a workers comp claim. In WA you can't, unless the injury causes your death. That doesn't mean you're unprotected: the Police Force Regulations, your industrial agreement and a compensation scheme in the Police Act fill the gap. But it works very differently, and much of it is at the Commissioner's discretion.

Understanding which part applies at each stage helps you plan. The first months are about leave and treatment. If you can't return, it becomes about medical retirement and compensation. After you leave, it's about ongoing medical costs.

WA's Workers Compensation and Injury Management Act 2023 started on 1 July 2024. The Act itself doesn't mention police in its definition of worker, but section 13(3) lets regulations exclude classes of people. Regulation 16(2) of the 2024 Regulations does exactly that.

The death exception means that if an officer dies as a result of a work injury, their dependants can claim under the workers comp scheme. For serving officers who are injured, the Police Force Regulations apply instead.

Under regulation 1304 of the Police Force Regulations, the Commissioner "may grant" paid leave for incapacity of up to 168 days in a calendar year. More can be granted if the Manager, Health and Welfare recommends it, with conditions. Our data file records the same rule in clause 38.5 of the 2024 Industrial Agreement.

Because there's no step-down schedule, a WA officer on approved injury leave is on full pay, which is more generous than the 80% to 95% paid in many states. The risk is at the edges: if leave isn't extended past 168 days, or if a dispute arises about whether the incapacity is work-related.

Regulation 1306 says the Commissioner "shall pay the reasonable medical and hospital expenses" for illness or injury arising out of or in the course of your duties, or while travelling to or from a place of duty. Unlike injury leave, this is mandatory, as long as the injury is work-related and not your own fault or misconduct.

Injury Coordination and Support Services can be emailed at Injury.Coordination.Support.Services@police.wa.gov.au. Our data file records a medical-expenses clause in the industrial agreement too, but we couldn't open its text, so rely on the regulation and ask WAPU about the agreement.

Part XIII of the Police Force Regulations sets out what you must do while incapacitated. Following them keeps your leave and medical expenses protected.

1. 1

   Report your incapacity

   Straight away

   Tell your officer in charge and the Manager, Health and Welfare (reg 1302).

2. 2

   Provide a medical certificate

   From the start

   A medical certificate is needed for injury leave (reg 1303).

3. 3

   Don't take other paid work

   While off

   You can't do other paid work while incapacitated (reg 1305).

4. 4

   Attend directed examinations

   As directed

   The Commissioner can direct a medical examination (reg 1312).

5. 5

   Show fitness to return

   Before returning

   After more than 4 weeks off, you need evidence of fitness before returning (reg 1311).

WA Police has internal units to support you: the Psychology Unit, Peer Support Officers, the Vocational Rehabilitation Unit, Injury Coordination and Support Services, and Police Separation and Transition.

Part IID of the Police Act 1892 was inserted by the Police Amendment (Compensation Scheme) Act 2021 and took effect on 1 January 2022. It applies only if you're medically retired under Part IIC on or after that date, and the medical condition arose from your duties and caused the retirement.

Assessments can run alongside the retirement process, but nothing is paid until you're actually retired. Noise-induced hearing loss needs at least 10% loss to count. The Commissioner decides the retirement and pays the compensation.

Here's an illustration of how the salary amount works, for a Senior Constable at the top of the scale on $124,558. We've used a hypothetical impairment payment of $100,000; your real figure depends on your assessed impairment.

In this example, the gap to the $284,448 cap is $184,448, which is more than one year's salary, so the salary amount is capped at $124,558. Calculated by us from s 33ZV; it isn't an official estimate. If you also can't work at all, a permanent total incapacity application could add up to $213,336.

WA has a PTSD presumption, but it doesn't cover police. Regulation 10 lists paramedics, ambulance officers and communications officers, Crown firefighters and DFES communications systems officers. Police are not listed and are outside the scheme anyway.

For WA officers with a psychological injury, the same three supports apply: injury leave, medical expenses and the compensation scheme on medical retirement. Psychological conditions count as long as they arose from your duties. Talk to the Psychology Unit and WAPU early.

A psychological injury from the job is a work-related injury. You're entitled to the same leave, treatment and compensation as for a physical one.

The Former Officers' Medical Benefits Scheme, under the Police (Medical and Other Expenses for Former Officers) Act 2008, is run by the Insurance Commission of WA. It covers reasonable medical, health and miscellaneous expenses from an injury suffered while serving, assessed under the 2023 workers comp Act's rules.

1. 1

   Complete the claim form

   Former officer

   Fill in Part 1 of the claim form and get a scheme medical certificate.

2. 2

   Send it to WA Police

   Lodgement

   WA Police forwards it to the Insurance Commission of WA. Contact Health, Welfare and Safety on (08) 6229 5615.

3. 3

   ICWA decides

   Decision

   Expenses are paid up to a capped total, indexed each year, with possible access to more cover.

You can't claim if you've already been compensated for the same injury another way, such as a common law claim, motor vehicle third party insurance, an act of grace payment or criminal injuries compensation.

Different decisions go to different places. Act quickly: the main time limit is 28 days.

WA Police has a range of internal support, and the union and independent services can help too. WAPU says 95% of WA officers are members, and it provides legal support.