Thousands may be running out of time to keep their weekly compensation payments

We have written previously about how injured workers whose weekly compensation payments are ceasing can challenge their workers compensation insurer’s decision and, if successful, keep their entitlement to ongoing payments.

Time may be running out

If you have received a notice saying that your weekly payments of compensation are coming to an end because of Section 39 of the Workers Compensation Act 1987, your time may be running out to seek legal representation in time to avoid losing payments.

To receive payments beyond the maximum 260 week entitlement under the new section, you will need to be assessed as suffering from 21% whole person impairment or greater. If you have received a notice that your payments are ending, it is likely that a medical expert hired by the insurer has assessed your whole person impairment as less than this amount.

Many workers who suffer severe ongoing effects from their injuries are being assessed well below what they may be entitled to. Here at Turner Freeman, we hear stories every day from workers who have been subject to medical assessments where the doctors seemed rushed and careless, overly suspicious, or produced reports that were just downright wrong.

Contact our workers compensation lawyers

The good news is that you can get your own report from an independent medical examiner to challenge the insurer’s decision with the help of one of our lawyers. Turner Freeman has experienced workers compensation lawyers who are approved legal service providers to the Workers Compensation Independent Review Office (WIRO).

This means that if we can provide advice on your entitlements at no cost to you. If we think you have reasonable prospects of reaching the 21% whole person impairment threshold for ongoing weekly payments, we can also arrange an independent medical examination of your whole person impairment and help you challenge the insurer at no cost to you.

The bad news is that according to the WIRO figures, thousands of workers who have received notices under Section 39 have still not sought legal advice that may help them retain their weekly payments.

Potentially thousands of workers are running out of time to challenge their whole person impairment figures in time for the deadline at the end of 2017. These workers run the risk of being left without an income while they wait for their claim to resolve.

WIRO has brought in a new rapid application process for funding claims to provide advice about your rights with respect to Section 39, so there is still time left. But in order to make the most of it, workers need to contact a lawyer for advice as quickly as they can. We do not want workers left out in the cold.

Get in touch with us

If you have received a notice advising your payments of weekly compensation will soon come to an end or you believe you may be affected by the implications of Section 39, please contact our workers compensation lawyers immediately on 13 43 63  for assistance.