Workers are often concerned about the prospect of their weekly payments being terminated, and, in the event a termination does occur, how much notice they are entitled to receive.
If a worker's weekly payments are terminated in any one of the following ways, they must be given written notice of the termination.
- if a worker has received weekly payments for a continuous period of 12 weeks but less than one year they must be given 14 days notice of the termination
- if a worker has received weekly payments for at least one year continuously they must be given 28 days notice of the termination
- if weekly payments are being terminated because it has been determined that the worker has been in receipt of weekly payments for 130 weeks, 13 weeks notice of termination must be given
- if, after the expiry of 130 weeks, the worker returns to employment and receives a “top-up” weekly payment from the insurer and these “top-up” payments are subsequently terminated, 28 days notice of the termination must be given. Alternatively, if the “top-up” payment is being paid by the WorkCover insurer but ceases due to the employment coming to an end, 13 weeks notice of the termination must be given.
The following circumstances will enable the WorkCover insurer to terminate or alter a worker’s weekly payments effective immediately:
- where a determination has been made by the WorkCover insurer that a worker has obtained weekly payments fraudulently
- where a worker returns to work
- where a workers earnings alter.
If your weekly payments have been terminated you have the right to object to the termination. This is done by making a referral to Conciliation, and should be lodged within 60 days of notice of the termination being given. However, if the particular circumstances are considered appropriate a referral may be lodged out of time.
If your weekly payments have been terminated we encourage you to contact Redlich's Work Injury Lawyers on (03) 9321 9988 to discuss the validity of the termination decision and your prospects of success in overturning it.