Division 1 Special provisions for commencement of weekly payments after initial notification of injury
This Division applies in respect of the initial notification of an injury after the commencement of this section (even if the injury concerned was received before the commencement of this section).
266 Meaning of initial notification of injury
In this Part, initial notification to an insurer of an injury to a worker means the first notification of the injury that is given to the insurer, in the manner and form required by the WorkCover Guidelines, by the worker or the employer or by some other person (for example, a medical practitioner) acting for or on behalf of the worker or the employer.
267 Duty to commence weekly payments following initial notification of injury
(1) Provisional weekly payments of compensation by an insurer are to commence within 7 days after initial notification to the insurer of an injury to a worker, unless the insurer has a reasonable excuse for not commencing those weekly payments.(2) A person does not have a reasonable excuse for not commencing those weekly payments unless the person has an excuse that the WorkCover Guidelines provide is a reasonable excuse.(3) The payment of provisional weekly payments of compensation under this section is on the basis of the provisional acceptance of liability by the insurer for a period of up to 12 weeks determined by the insurer having regard to the nature of the injury and the period of incapacity.(4) The acceptance of liability on a provisional basis does not constitute an admission of liability by the employer or insurer under this Act or independently of this Act.(5) An insurer who fails to commence weekly payments of compensation as required by this section is guilty of an offence.Maximum penalty: 50 penalty units.
268 Insurer must notify worker of reasonable excuse for not commencing weekly payments
If an insurer does not commence weekly payments of compensation because the insurer has a reasonable excuse for not doing so, the insurer must within 7 days after receiving the initial notification of injury give the worker notice in writing that the insurer has a reasonable excuse for not commencing weekly payments of compensation and include in that notice:(a) details of that reasonable excuse, and(b) a statement that the worker is entitled to make a claim for compensation and that the claim will be determined within 21 days, and(c) details of how that claim can be made.Maximum penalty: 50 penalty units.
269 Notice to be given of commencement of weekly payments
As soon as practicable after an insurer commences weekly payments of compensation under this Division, the insurer must give the worker a notice in writing notifying the worker that:(a) weekly payments of compensation to the worker have commenced on the basis of provisional acceptance of liability by the insurer, and(b) the payment of weekly payments of compensation to the worker will continue for a period (up to a maximum of 12 weeks) determined by the insurer having regard to the nature of the injury and the period of incapacity, and(c) the insurer will develop an injury management plan for the worker (if required to do so by Chapter 3), and(d) the worker is entitled to make a claim for compensation (and include details of how that claim can be made).
270 Obligations of worker to provide authorisations and medical evidence
(1) An insurer who commences weekly payments of compensation under this Division may require the worker to provide the insurer with:(a) a medical certificate certifying as to the worker’s incapacity for work, and(b) a form of authority signed by the worker authorising a provider of medical or related treatment, hospital treatment or workplace rehabilitation services to the worker in connection with the injury to give the insurer information regarding the treatment or service provided or the worker’s medical condition or treatment relevant to the injury.(2) The insurer may discontinue weekly payments of compensation under this Division if the worker fails to comply with a requirement under this section within 7 days after it is communicated to the worker by the insurer.
271 Liability to make weekly payments not affected by making of claim
(1) An obligation of an insurer to make weekly payments of compensation pursuant to the provisional acceptance of liability under this Division ceases if the insurer disputes liability to make those payments.Note. Section 74 requires notice of a dispute to be given.(2) Otherwise, a liability to make weekly payments of compensation pursuant to the acceptance of liability on a provisional basis under this Division is not affected by the making of a claim for compensation.
(1) If an insurer pays any compensation under this Division and another insurer or another employer accepts liability to pay compensation to the worker in respect of the injury concerned, the insurer is entitled to recover the compensation so paid as a debt from that other insurer or other employer.(2) Any amount so recoverable is taken to have been payable by the other insurer or other employer as compensation to the injured worker.
273 Provision for recovery of excess for provisional payments
Section 160 (Recovery of excess from employer) of the 1987 Act and section 152 of this Act apply to and in respect of the payment of provisional weekly payments of compensation under this Division as if the payment were payable under a weekly compensation claim as referred to in those sections.