Seriously Injured Workers – Work Capacity

Seriously Injured Workers – Work Capacity – WIRO Lawyers Sydney

See Section 39 WCA 1987.

Seriously Injured Workers – Section 39 Cessation of weekly payments after 5 years

1. Despite any other provision of this Division, a worker has no entitlement to weekly payments of compensation under this Division in respect of an injury after an aggregate period of 260 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker in respect of the injury.
2. This section does not apply to an injured worker whose injury results in permanent impairment if the degree of permanent impairment resulting from the injury is more than 20%.
   Note: For workers with more than 20% permanent impairment, entitlement to compensation may continue after 260 weeks but entitlement after 260 weeks is still subject to section 38.
3. For the purposes of this section, the degree of permanent impairment that results from an injury is to be assessed as provided by section 65 (for an assessment for the purposes of Division 4).

All injured workers will lose their right to entitlement to weekly payments after five years unless the injured worker has a degree of permanent impairment resulting from the injury of at least 20% whole person impairment.