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Home | Blog | Weekly compensation payments and the effect of Section 39

Weekly payments of compensation are coming to an end? Read below.

Have you received a notice from your workers compensation insurer advising your weekly payments of compensation are coming to an end toward the end of 2017? If so, here is what you need to know.

Section 39 of the Workers Compensation Act 1987 provides that injured workers who do not suffer from a 21% or greater level of whole person impairment, only have an entitlement to a maximum of 260 weeks worth of weekly compensation payments. Sadly, for those injured prior to the 2012 legislative amendments to the NSW Workers Compensation Scheme, this 260 week period will cease towards the end of 2017. It is expected around 5,000 injured workers weekly payments of compensation will cease at this time.

If you have received a notice advising your payments are coming to an end or you believe you may be affected, it is important you seek legal advice as soon as possible. It is also important you are aware that you are entitled to submit your own whole person impairment assessment in order to determine whether you reach the 21% or greater whole person impairment threshold and you do not have to rely on or agree with the assessment of the insurer’s independent medical examiner.

We are a team of approved legal service providers to the Workers Compensation Independent Review Officer and are able to give you advice at no cost to you. If we are of the view you have reasonable prospects in reaching the 21% or greater whole person impairment threshold for ongoing weekly payments, we will arrange an independent medical examination on your behalf to assess your level of whole person impairment at no cost to you.

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 office immediately on 13 43 63 for assistance.

For more information on this update, please view the WIRO video below:

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