Weekly payments may be suspended, reduced or stopped if certain requirements are not met.
You must provide to the insurer a certificate of capacity with the ‘worker's declaration’ section completed.
If you do not provide this, the insurer may stop weekly payments within seven days of them telling you that the document must be provided.
Return to work obligations
Weekly payments may be suspended or terminated at a date at least 14 days but no more than 60 days from when notice is given by the insurer telling you that you must comply with your return to work obligations.
Work capacity decisions
The insurer assesses your capacity for work based on your functional, vocational and medical status using your certificate of capacity.
They use this information to make a decision about your ability to return to your pre injury employment, or to suitable employment with the pre injury employer or at another place of employment.
If they determine you have some capacity to work, then your weekly payments may be reduced or stopped according to the amount that you could earn in that capacity.
These decisions can be reviewed.
After 130 weeks of weekly payments
You will not receive weekly payments after receiving them for 130 weeks unless:
- the insurer has assessed that you have no capacity to work and this is likely to continue indefinitely, or
- you have been assessed as having a current capacity to work and have applied to the insurer for continuation of weekly payments, and
- you are working 15 hours or more per week,
- earning at least $183 per week, and
- have been assessed as being likely to continue to be indefinitely incapable of undertaking further employment or additional work to increase your earnings
If you have been assessed as having some current capacity to work but are not working 15 hours or more and earning at least $183 per week (indexed annually), you will cease to receive weekly payments. This does not apply to workers with high needs.
After 260 weeks (five years)
Weekly payments will stop unless your degree of permanent impairment resulting from the injury is greater than 20 per cent.
Payments for exempt workers and volunteer bush fire fighters or emergency and rescue services volunteers
Different payment arrangements apply to police officers, paramedics, fire fighters, volunteer bush fire fighters, emergency rescue services volunteers.
If you fail to comply with your injury management obligations, weekly payments may be suspended.
If you have been receiving weekly payments for partial incapacity for more than two years, your weekly payments can be stopped if you:
- are not suitably employed and are not seeking suitable employment or participating in rehabilitation/retraining
- are not suitably employed and have previously unreasonably rejected suitable employment
- have sought but failed to obtain suitable employment primarily because of the labour market
A worker is entitled to receive weekly payments for up to 12 months after reaching retiring age. Read our retirement page for more information.
Sometimes there can be disputes about compensation. If there’s a dispute, there’s help available. Our workers compensation disputes section has more information on how we can help.
If you are dissatisfied at any stage with the management of your injury, you can contact the Workers Compensation Independent Review Officer (WIRO) at www.wiro.nsw.gov.au or call them on 13 94 76.