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Workers Compensation Letters

Most injured workers weekly benefits to cease in the next few months

By Tonya Longmore – Solicitor, Workers Compensation

21 July 2017

If you or a member of your family has been receiving weekly benefits payments from a workers compensation insurer you may have already, or shortly will, receive a letter informing you that your weekly benefits will soon cease

As a result of national reforms in 2012 injured workers lose their entitlement to compensation by way of weekly payments once the worker has received 260 weeks of payments, whether they’re consecutive or not.

The reforms provided that the calculation of the number of weeks for workers injured prior to 1 October 2012 did not commence until 1 January 2013.

The result is that the first workers to accumulate 260 weeks of weekly entitlements face having their payments terminated with effect from 1 October 2017, with the majority of workers facing this from 26 December 2017.

The only circumstance in which a worker’s entitlement to weekly benefits can continue past 26 December 2017 is if he/she suffers a permanent impairment of or in excess of 21 per cent.

If your permanent impairment has been previously assessed as being below the 21 per cent whole person impairment threshold, you should obtain legal advice regarding whether a further assessment is available to you at this time.

If your previous assessment was prior to 2012 and your condition has deteriorated, you may be entitled to one further lump sum claim for permanent impairment based upon that deterioration in your condition.

Funding for legal advice through the Workers Compensation Independent Review Office (WIRO) is available and Commins Hendriks is an approved legal service provider.

We encourage you to speak to one of our specialist staff to discuss what these changes may mean for you, taking into consideration your particular circumstances.

For more details and assistance, please contact us on 1800 643 779.