Have you received notice that your weekly benefits will be cut off pursuant to s 39 of the Workers Compensation Act 1987 (NSW)?

Published 17 Jan 2018

If you have received notice that your weekly compensation payments will be cut off after the 260 week period do not ignore this notice. Contact Gerard Malouf & Partners Compensation Lawyers for a free consultation to discuss your rights in relation to the cessation of your weekly compensation payments.

In 2012, the government introduced reforms to the Workers Compensation Act 1987 (NSW), specifically the inclusion of section 39. As a result of these reforms, injured workers are not entitled to a continuation of weekly payments beyond the 260 week period. Following these legislative changes, many injured workers are due to reach the 260 week period on 31 December 2017. Workers Compensation insurers are now in the process of arranging medical appointment with an Independent Medical Examiner who will determine your impairment level. It is important to understand however, that this section does not apply if an injured worker is assessed as having a Whole Person Impairment of 21% or higher.

Should you not reach the 21% Whole Person Impairment, the insurer will notify you that your weekly benefits will be cut off on the 31 December 2017.

These changes would likely cause injured workers a great deal of concern and you should call Gerard Malouf & Partners Compensation Lawyers for advice about your legal rights as well as the merits of accepting an impairment lower than the 21% threshold.

If you are unhappy with the assessment of your Whole Person Impairment by the Independent Medical Examiner, you have the right to seek advice from a lawyer. You should be aware that the assessment arranged by the workers compensation insurer is not final or biding. If following that advice, you provide us with your instructions to seek an alternate medico-legal assessment to determine your impairment rating, and challenge the insurer’s assessment, we can make arrangements for this re-assessment on your behalf.

A re-assessment of your Whole Person Impairment can only be arranged by a lawyer who is approved by the Workers Compensation Independent Review Office (WIRO). Here at Gerard Malouf and Partners, we have a team of WIRO Approved lawyers who can assist you in relation to these legislative reforms.

Have you recently been assessed in relation to your Whole Person Impairment pursuant to section 39 of the Act? Have you received notice from the workers compensation insurer that you are due to be assessed for your impairment?

Contact Gerard Malouf and Partners on 1800-004-878 for a complimentary free consultation to assess your legal rights and to provide you with free advice.