Have you received a notice from your insurer advising that your weekly workers compensation benefits are coming to an end later this year?
The current legislation provides that for injured workers who do not suffer from greater than 21% whole person impairment, entitlements to weekly benefits cease after 260 weeks of weekly compensation payments.
For workers injured prior to the 2012 NSW Workers Compensation Scheme amendments, this 260 week period will cease near the end of 2017.
Workers approaching the end of this period should receive a Section 39 Notice from their workers compensation insurer inviting them to attend an independent medical examination. This will assist the insurer to determine whether the worker is eligible for ongoing payments after 260 weeks (i.e. whether you have over 20% whole person impairment).
It is important to remember that this determination is not necessarily final. Workers are entitled to challenge the medical assessment, at no cost to them.
The Workers Compensation Independent Review Office (WIRO) can provide funding for legal advice and to meet the expenses of challenging an insurer’s assessment.