Libby_Campbell web croppedIn 2012 there were some big changes made to workers compensation laws, the impact of which are now being realised. Approximately 6,300 workers in NSW are likely to be impacted by these changes in accordance with section 39 of the Workers Compensation Act 1987. This section states that weekly payments of compensation will cease after an aggregate period of 260 weeks (5 years) has been paid or is payable to the worker in respect of the workplace injury. The section does not apply to an injured worker if their injury has been assessed as greater than 20% whole person impairment.

Approximately 1900 injured workers will have already been cut off from their weekly payments from 26 September 2017 to the end of 2017. A further 1800 injured workers will lose their weekly payment entitlement on 26 December 2017, with a further 3000 workers due to lose their weekly payment entitlement by June 2018.

Injured workers affected by section 39 should have received a letter from the insurer notifying them of the date their weekly payment will cease, as well as evidence of their whole person impairment assessment. If you are an injured worker and have received this letter, it is important you speak to a WIRO approved lawyer because there is free legal advice available and you may be able to overturn the decision of the insurer to cease your weekly payments. An example of this may be that you require further surgery, therefore you have not reached maximum medical improvement, and you are not ready to be assessed for whole person impairment.  At Everingham Solomons we have two WIRO approved lawyers, so if you have received the letter from the insurer stating your weekly payments will cease by a certain date, then please contact our office to speak with one of us because Helping You is Our Business.

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