I’m Not Receiving My Workers Compensation – What Should I Do Next?

Workers compensation exists to provide some relief during a difficult time, reimbursing you through regular or lump sum payments that help you get back on track. That’s why an interruption in your payments can be a difficult thing to understand. If your payments have stopped and you don’t know why, you should seek independent legal advice before taking your next step.

To get you started on the process, we’re going to explain why your payments might have stopped and what you can do next.

 

Common Reasons Your Payments Will Stop

Workers compensation is designed to assist you in your recovery, be that financial, medical or both. There are certain circumstances where your compensation will end though, and these are perfectly normal occurrences.

 

You Recover and Return to Work

Generally speaking, regular payments are provided to compensate for loss of income and to aid with expenses related to medical and rehabilitative costs; as well as travelling expenses.

If you have fully recovered, are no longer receiving treatment, and have returned to regular work then you are no longer in need of compensation and your payments will stop.

 

You Receive a Lump Sum Offer

If you have been offered and accept a lump sum payment as compensation, any regular benefits you have received to that point will generally stop.

It is highly recommended that you seek independent legal advice before accepting any offers, to ensure that you are being looked after.

 

You Have Received Weekly Payments for 5 Years

Except in certain circumstances, weekly payments will not exceed 5 years and will be stopped after this time.

 

You Reach the Maximum Amount

There is a maximum payable amount in workers compensation law, which will apply specifically to your case. This amount will depend on a range of factors, including when your accident occurred, and what industrial instruments apply to your case. For specific information, speak to an accident compensation legal professional.

 

Appealing a Decision

If your compensation payments have ended or decreased and you believe the decision is wrong, then you are entitled to make an appeal through the Workers’ Compensation Regulator.

If you have been notified of a decision to cease or reduce payments, you have 20 days to request a reason for decision document from WorkCover. You should then receive a document outlining the decision within 5 business days. If you still believe the decision is unjust, you will then have 3 months to lodge your appeal.

 

Building Your Case

Before you make any decisions, the first thing you should do is contact a legal professional. A workers compensation expert can determine your likelihood of success, and if you proceed with your case they can help you gather crucial further evidence ahead of your review.

If you would like to appeal a decision in Brisbane, then Bartels Lawyers should be your first port of call. Our compensation professionals offer free initial consultations and ensure that you work with the same expert lawyer throughout the process.

Call (07) 3341 2222 to start working with your personalised lawyer.

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