07 July 2017

LawAdvice provides some helpful information if you have received a letter or have been told by your workers compensation insurer that your weekly benefits are being cut off.

It is estimated that thousands of workers will potentially be cut off from their weekly compensation benefits in 2017. For many workers, this will occur on 26 December 2017 (Boxing Day).

 

Why are my weekly benefits being stopped?

  1. Section 39 of the Workers Compensation Act 1987 states that weekly payments to an injured worker will be stopped after 5 years or 260 weeks.

  2. However, this does not apply to an injured worker whose injury results in a permanent impairment of more than 20%.

 

What can I do?

  1. You are entitled to obtain legal advice regarding your position at no cost to you. Law Advice are experts in worker’s compensation matters and are approved to obtain grants of legal assistance to pay for all your legal costs to fight the insurer’s decision to cut off your weekly benefits.

  2. You are entitled to obtain your own medical report to challenge the insurer’s assessment if there is a reasonable argument that you may be assessed as having a permanent impairment of greater than 20%. We will ensure that the very best medical evidence is obtained to determine your impairment as a result of your work injury.

 

When will my weekly workers compensation benefits be cut off?

  1. If your claim was made before 1 October 2012 then the 260 week period will be calculated using weekly payments made after 1 January 2013.

  2. If your claim was made after 1 October 2012 then the calculation of the 260 week period commences from the first date of your incapacity.

 

How do I go about getting my free claim advice?

  1. For a free consultation and specific advice regarding your claim from one of our expert lawyers contact us on Free Call 1800 122 555 or complete our Free Advice Form.

 

The information is current as at the date of publication of this article. The above article is of a general nature only and does not constitute legal advice.  Law Advice Compensation Lawyers are experts in workers compensation claims. For a free, no obligation assessment of your motor accident claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.

 

Back to List