Pursuant to changes to the law relating to Workers Compensation in June, 2012 approximately 6300 workers will be affected in relation to having their weekly benefits stopped. Their weekly payments of compensation which they have received for at least 260 weeks (5 years) will cease.
The first group of workers will have had weekly benefits cease on 26th September 2017 to the end of the calender year (approx 1900). These are workers who were injured on or after 1st October 2012 who have been in receipt of continuous weekly benefits since the date of injury.
A second group of workers (approx 1800) will lose their benefits on or shortly after 26th December 2017. These are workers who are in the main `existing recipients` of weekly compensation or workers compensation injured before 1st October 2012. For all workers injured before 1st October 2012 their count of weeks commenced on 1st January, 2013.
It is expected a further 3000 workers will lose weekly benefits by June 2018.
The injured workers affected by the 260 week cessation should have by now received at least one letter from the Workers Compensation Insurer. Each letter has to be carefully read to ensure that it provides sufficient information to permit a worker to obtain advice about their rights and entitlements.
The Workers Compensation law is particularly complex and the effect on workers is dramatic. A worker should obtain legal advice as soon as they receive a letter from an Insurer in relation to the proposed cessation of their benefits.
Legal Assistance is available at no cost to a workers to obtain advice as to their rights and entitlements following receipt of a letter from an insurer advising of the intention to cease making weekly payments. That assistance may include obtaining a report from a Medical Specialist independent of the Insurer for an assessment. Accordingly, it is possible to challenge the decision of the insurer to stop making payments at no cost to the worker. All injured workers should make obtaining legal advice a priority.
If you would like to discuss your rights and entitlements in relation to the proposed cessation of your weekly benefits please call Peter Moore, Compensation Lawyer of Brazel Moore Compensation Lawyers on freecall 1800 087 934.