Claims management other

When weekly payments end

Workers are not entitled to weekly payments after a combined period of 260 weeks, unless they have been assessed as having a degree of permanent impairment of more than 20 per cent.

Approaching 260 weeks

Insurers should start preparing well before the 260-week end of weekly payments. This will ensure appropriate support is provided to workers in a timely manner.

As a minimum, SIRA expects all insurers to proactively communicate with workers and stakeholders (as required) verbally and in writing, at least 13 weeks before the cessation of benefits.

Calculating 260 weeks of entitlement

A week of entitlement starts on the day the worker is first incapacitated (total or partial) due to a work-related injury.

A week is counted over the seven-day period from that day. There is no set period, and what constitutes a week will vary for each worker (for example, a week will not necessarily run from Sunday to Saturday).

Insurers must communicate regularly with workers and stakeholders throughout the life of a claim. Communication should be proactive, collaborative and transparent to ensure workers are informed and clear about their entitlement to compensation, including when entitlements may/will cease.

Communication must always consider the worker’s individual circumstances and support requirements. These requirements may become more critical in the lead-up to the end of the entitlement period and in setting up access to ongoing support thereafter.

Where there are queries or disagreement as to the number of entitlement weeks paid (or payable), these should be resolved with the worker before the end of the 260 weeks.

Permanent impairment and weekly payments after 260 weeks

If a worker is assessed as having more than 20 per cent permanent impairment, they may be entitled to weekly payments beyond the 260-week limit.

Insurers should engage with the worker well before this deadline so they can determine whether a permanent impairment assessment is required, and make any necessary arrangements.

The insurer must communicate the outcome of the permanent impairment assessment to the worker. They must also explain what it means for the worker’s entitlement to weekly payments, as well as reasonably necessary medical treatment and services thereafter (see 'Threshold entitlements').

The insurer should make every effort to ensure that the worker is fully informed of their rights to seek independent legal advice.

Centrelink

Insurers should (where relevant) encourage workers to be fully informed and prepared as to the Centrelink payments and services that may be available to them.

Centrelink assesses each application based on individual circumstances. Workers should do their own research by visiting the Centrelink website or calling 13 24 68.

Vocational programs

There are a number of SIRA vocational programs available to workers while they are still entitled to receive weekly payments. These services can be used to:

• help the worker to remain in the workplace during their recovery, or
• return to work sooner, following a work-related injury.

Refer to 'Return to work assistance' and 'SIRA funded programs' for more information.