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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.

If you have received a Section 39 notice from your insurer, it is important that you speak to a WIRO-approved workers compensation lawyer as soon as possible. You have the right to submit your own whole personal impairment assessment to determine whether you meet the 21% threshold for ongoing payments. You do not have to rely on the insurer’s medical assessment.

Speaking to the WIRO-approved compensation lawyers at Matthews Folbigg will help clarify your options and entitlements. We can provide advice about challenging an insurer’s assessment of your ongoing entitlements. In the event that you are found ineligible for ongoing weekly benefits, you may instead be eligible for lump sum compensation.

For more information, view the short video below.

Our Compensation Lawyers can provide practical solutions and exceptional results in relation to your compensation claim on a No Win, No Fee basis.  Call 1300 773 529 or email a compensation lawyer at We can then arrange an initial telephone conference to discuss.

Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills.