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Question

How soon must the insurance company make a decision on the claim?

Answer

From 1 January 2002 workers compensation has changed in NSW.

Weekly benefits will be payable to workers, in most cases within 7 days of the workers compensation insurance company receiving initial notification of injury. These can be paid for a maximum period of 12 weeks, if required.

There is also now provision for the "provisional" acceptance of liability and payment of medical expenses for an amount of up to $5,000.

These "provisional" payments are designed to reduce the impact of injury and illness, but do not mean an admission of liability by the insurance company or employer.

In many cases an injured worker will not need to lodge a claim form if they're only going to be away from their normal duties for only a short period. However, a claim form can still be lodged if an injured worker wants to. Sometimes the insurance company will require that a claim form is lodged.

If a claim form has been lodged the insurance company must make a decision whether to accept liability or to dispute the claim, within 21 days of receiving the claim.

However, if provisional weekly payments have already commenced, the time frame in which the claim must be determined may be extended to the end of the period approved for the provisional payments.

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Last modified: Tuesday, 15-Nov-2005 20:37:33 EST