The WA government has rushed through legislation after a surprise court decision disqualified hundreds of workers’ compensation claimants from being awarded damages.

The Appeal Court decision, delivered on September 5, set a precedent on the order in which documents must be registered, and threw the validity of hundreds of workplace negligence claims with WorkCover WA into doubt.

Industrial Relations Minister Simone McGurk says the new legislation will provide clarity for industry and workers progressing claims through the court system.  

“The Cook government has acted swiftly to ensure workers are not denied the opportunity to have their common law claim progressed,” she said.

The legislation will retrospectively restore the status of action made under a now repealed 1981 act, which was effective until June 30.

To launch legal proceedings, workers must submit two documents to Work Cover WA – a medical assessment and a form electing to pursue their negligence claim.

Justice Michael Buss found that to seek damages, the medical assessment must be registered by the director of WorkCover before the second form is lodged. But WorkCover WA’s online portal uploaded both documents at the same time.

That meant many workers pursuing common law damages risked having proceedings discontinued or delayed.