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MyClaimWorth
WA
Western Australia · back & spine

Back & spine settlements
in Western Australia.

By 6 min read

Western Australia operates a CTP scheme via Insurance Commission of WA with non-pecuniary loss capped under the Civil Liability Act 2002 (WA). For back & spine claims specifically, the band is built from the state-by-state CTP and Civil Liability Acts framework and then adjusted for Western Australia's common-law contributory reduction and any applicable statutory cap.

band · Australia federal frame
AU$120,000 – AU$600,000
Back — severe (surgical)
CLA cap + impairment percentage

The Australia band is the starting point. Western Australia's fault rule and any applicable cap then adjust the figure.

WA · statute of limitations
3 years from discoverability with 12-year longstop

Limitation Act 2005 (WA) s 14

WA · fault rule
Common-law contributory reduction

Contributory-negligence reduction under Civil Liability Act 2002 (WA).

WA · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Western Australia.

back & spine severity tiers · Australia frame

How the band stratifies.

The state-by-state CTP and Civil Liability Acts stratifies back & spine into the tiers below. Western Australia courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back — moderateAU$30,000 – AU$120,000CLA + impairment percentage
Back — severe (surgical)AU$120,000 – AU$600,000CLA cap + impairment percentage
back & spine · neighbouring jurisdictions

Compare to neighbours.

How Western Australia's fault rule and limitation period compare to other Australia jurisdictions for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Western Australia · you are hereCommon-law contributory reduction3 years from discoverability with 12-year longstop
New South WalesCommon-law contributory reduction3 years from discoverabilityNSW · back & spine
VictoriaCommon-law contributory reduction3 years from discoverability (subject to 12-year longstop)VIC · back & spine
QueenslandCommon-law contributory reduction3 years from discoverabilityQLD · back & spine
South AustraliaCommon-law contributory reduction3 years from discoverabilitySA · back & spine
TasmaniaCommon-law contributory reduction3 years from discoverabilityTAS · back & spine
Australian Capital TerritoryCommon-law contributory reduction3 years from discoverabilityACT · back & spine
Northern TerritoryNo-fault statutory scheme3 yearsNT · back & spine
WA · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the Australia band adjusted for Western Australia's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Western Australia. See /methodology, /sources, and /disclaimer.