Limitation on Weekly Workers Compensation Payments

In 2012, amendments to the Workers Compensation Act introduced a limitation to the amount of weekly workers compensation benefits an injured worker may receive.

Generally, an injured worker may only receive weekly payments for a maximum of 260 weeks.

Injured workers who were in receipt of weekly benefits as at the 1st of October 2012 are known as “existing recipients”. Calculation of the 260 week period for existing recipients did not begin until the 1st of January, 2013.

For existing recipients, the end of the 260 week period is fast approaching. Many injured workers will cease to be entitled to benefits by the end of 2017 or early 2018. It is estimated that over 6,000 injured workers will be affected.

To avoid this, you need to have at least 21% permanent impairment.

The Workers Compensation Law allows for only one Medical Assessment Certificate to determine permanent impairment. However an existing recipient who has previously received an impairment rating of less than 21% is allowed to have one further assessment.

If the further Medical Assessment Certificate assesses at least 21% permanent impairment, the 260 week cut off will not apply and the injured worker may continue to claim weekly benefits.

Injured workers are now receiving letters about this from insurers. The letter generally advises workers that they are under 21% permanent impairment, they are reaching the 260 week limit and that weekly payments will come to an end after that time.

If you have received a letter like this from the insurance company, please contact Anthony Frisina at Frisina Lawyers on 9602 4999 as soon as possible. We may be able to help

Frisina Lawyers attend South West Sydney Legal Centre Celebration

Nick, Anthony & Angela were honoured to attend the annual South West Sydney Legal Centre end of year celebration on 4 November 2016.

South West Sydney Legal Centre (SWSLC) is an independent, non-profit community organisation committed to social justice. SWSLC provides free legal advice, representation, education and referral for individuals and groups who live or work in South West Sydney and who cannot afford a lawyer.

Frisina Lawyers is proud to partner with South West Sydney Legal Centre in providing pro-bono legal advice to our local community.

We would like to congratulate Peter Multari, Principal Solicitor at SWSLC and all of his team for their relentless efforts in providing much-needed legal services to our community's most disadvantaged people.

Zurich advises State Insurance Regulatory Authority (SIRA) of its intention to exit the CTP Green Slip market

Zurich will no longer offer CTP Green Slip policies for sale from 1 March 2016.

SIRA is assuring policy holders that their policies are still valid and will be honoured by Zurich.

In addition, third party compensation claimants will continue to be looked after.

In its December press release, SIRA states:

"The regulatory environment has been supporting seven CTP insurers for over a decade.  Current insurers are AAMI, Allianz, CIC-Allianz, GIO, NRMA, QBE and Zurich.

Although Zurich is exiting the CTP Scheme, the Scheme continues to remain viable and the market remains competitive."

It remains to be seen what impact Zurich's exit from the Scheme will  have on the cost of CTP Green Slip policies, if any.