Veterans are not the only people KSC Law stands beside. Police, firefighters, paramedics and other emergency workers carry many of the same injuries, and in Western Australia they claim through the state workers’ compensation scheme run by WorkCover WA, not DVA. WA has built a rebuttable presumption for first responder PTSD, rolled out occupation by occupation, and where you sit in that rollout matters. Here is how it works.
First responders claim through WorkCover WA
DVA covers military service. First responder injuries in WA are covered by the state workers’ compensation scheme administered under WorkCover WA. The rules, thresholds and time limits are set by WA law and are different from a DVA claim. If you served in the ADF and later worked as a first responder, you may have entitlements under both, which is worth checking.
WA’s presumptive PTSD cover, and how it was rolled out
WA has introduced a rebuttable presumption that PTSD is work-related for eligible first responders. In plain terms, where an eligible worker is formally diagnosed with PTSD by a psychiatrist, the onus shifts to the employer or insurer to show the condition is not work-related, rather than the worker having to prove that it is. The presumption was brought in in stages:
- Ambulance workers: covered from 1 February 2022.
- Career firefighters and communications systems officers (Department of Fire and Emergency Services): covered from 6 May 2023.
- Police: more recently brought onto a similar footing to other first responders, extending the presumption to sworn officers.
One important gap remains. Volunteer first responders, who make up a large share of the emergency services workforce, have generally not been covered by the presumption in the same way as career staff. Volunteers can still make a PTSD claim, but without the benefit of the presumption they face the older, more demanding process. The WA Government has indicated it is looking at how a scheme could extend to volunteers, so this is an area that may change, and current advice matters.
What you can claim
Depending on your circumstances, a WA workers’ compensation claim can cover more than treatment. It may include:
- weekly payments while you have reduced or no capacity to work
- medical, psychological and rehabilitation costs
- a lump sum for permanent impairment
- in some cases, a common law claim where negligence is involved
WA also has strict statutory time limits within which claims must be passed on and decided, so it pays to act promptly and get the process moving rather than wait.
You may also have a TPD claim
Many first responders also hold total and permanent disability cover inside their superannuation. If an injury or PTSD has stopped you working in your role, that TPD cover can be a separate benefit on top of your WorkCover claim, and the two can often be pursued at the same time. Our quick check below shows whether it is worth looking into.
Could you have a TPD claim?
Total and Permanent Disability cover is held inside most super funds. Answer a few quick questions to see if you may be able to claim. This is a guide only, not a determination.
This is a general guide only, not an assessment of your policy or eligibility. TPD outcomes depend on your individual super fund or insurance policy terms. This does not constitute legal, financial or medical advice. Book a free consultation for a personalised assessment.
How KSC Law can help
KSC Law began by standing beside Australia’s veterans, and today we support first responders and their families too, including police, ambulance and fire. We understand how WA’s staged presumption works, where volunteers currently sit, and how a WorkCover claim runs alongside a possible common law claim and any TPD cover. Our expert team can tell you honestly where you stand and run the claim from start to finish.
The first conversation is free and there is no obligation. Call us on 07 2112 4752 or book a consultation.
This article is general information, not legal advice. Eligibility, entitlements and time limits depend on your individual circumstances and the current legislation. If you are struggling, support is available through Lifeline on 13 11 14.