Given an unnecessarily bleak and confusing name, the ‘Termination Date’ or ‘Termination Day’ is not the date on which a worker’s employment is terminated or their compensation payments are cut off. It is, however, the day, 12 months after the day on which the worker lodged their application for compensation with their employer. To proceed with a common law claim against the employer, an election to do so must be lodged at WorkCover WA with the 15% or above medical assessment before the Termination Date has passed, before the worker can proceed with a common law negligence claim against the employer.