Table 3.6: Prescribed time periods for payments

 

New South Wales

Victoria

Queensland

Western Australia

South Australia

Tasmania

Northern Territory

Australian Capital Territory

C’wealth Comcare

C’wealth Seacare

C’wealth DVA

New Zealand

Eligibility from

Weekly payments payable from the first date of either total or partial incapacity for work resulting from the injury — s33Workers Compensation Act 1987.

Weekly payments payable from date of incapacity for work —s160Workplace Injury Rehabilitation and Compensation Act 2013.

Assessment by medical practitioner, nurse practitioner or dentist — s141(1)Workers’ Compensation and Rehabilitation Act 2003.

From date of incapacity —s21 (weekly benefits). From date of injury — s18 (medical expenses), Workers’ Compensation and Injury Management Act 1981.

From date of incapacity —s39(1)Return to Work Act 2014.

Date of injury (for medical etc. expenses).

Date of incapacity for weekly payments (or 14 days before claim was given to the employer, whichever is the later) — s81(3)(a)Workers Rehabilitation and Compensation Act 1988.

Date of Incapacity —s64Return to Work Act 1986.

Date of injury — s38(1)(b)Workers Compensation Act 1951.

For injuries — date of injury — for diseases the date employee first sought medical treatment, date of death or date of first incapacity or impairment — s7(4)Safety, Rehabilitation and Compensation Act 1988.

Date of injury — s31Seafarers Rehabilitation and Compensation Act 1992.

s31(3) — Date seafarer left onshore or returned to home port.

For diseases the date employee first sought medical treatment, date of death or date of first incapacity or impairment — s10(4).

MRCA s347 - Date of incapacity for work.

RCA s7(4) - The date of injury, the date on which the employee first sought medical treatment, date of death or date of first incapacity or impairment; whichever happens first.

Date of incapacity —Schedule 1, Part 2, cl 32, Accident Compensation Act 2001.

Payments begin

Within seven days of notification if provisional liability —s267(1)Workplace Injury Management and Workers Compensation Act 1998. Promptly when liability accepted by insurer —s74A(1), 1998 Act.

Within seven days of the claim for weekly payments being accepted - s178(3).

Day of assessment — s141(1).

Day after assessment day — s141(2).

Not later than 14 days — s57A(7).

Within 14 days of claim — s64(9).

On first pay day following receipt of claim. If the first pay day is within 14 days of receipt of claim and it is not reasonably practicable to make payment on that day, payment must begin not less than 14 days from receipt of claim — s81(1)

Within three working days from accepting liability — s85(2).

From notification of injury — s38(1)(a).

No time specified

Within 30 days of date of determination of amount for injuries resulting in death or permanent impairment — s130.

All others — no time specified.

No time specified

Employer must pay first week of compensation for loss of earnings — s98.

The Corporation to pay weekly compensation for loss of earning to claimant to who was an earner on and from the day after the first week of incapacity — Schedule 1, Part 2, s32.

Employer passes on payments to injured worker

As soon as practicable —s69(1)(c), 1998 Act and s264(3), 1998 Act.

Max seven days after end of week in which payments are due — s179(1).

Excess to be paid within 10 business days after receiving notice from WorkCover — s66(5).

As above. Subsequent payments on usual pay days

As above

Three working days from accepting liability — s85(2)

From then on – within seven days after the end of the week in which payments are due — s88.

Immediately — s126(3).

No time specified

No time specified

Payments made directly to injured worker/claimant.

Payments made directly to Injured worker/ claimant.

Medical invoices sent to insurer

No time specified

Within six months after the date of the service — s20(8)(c).

Two months — s213(2).

No time specified

No time specified

Within seven days of employer receiving account — s76A(2).

No time specified

Not specified

No time specified

No time specified

No time specified

No time specified

Medical expenses accepted

Within 21 days of claim being made —s279(1) 1998 Act.

Claim for compensation for medical and like services to be accepted or rejected within 28 days — s75(2).

No time specified

No time specified

No time specified

Not specified

No time specified

No time specified

No time specified

No time specified

Medical expenses paid

No time specified

No time specified

No time specified — s210.

No time specified

No time specified

28 days — s77AA(1) and s77AB(2).

As soon as practicable — s85(3).

30 days of insurer receiving notice — s90(1).

No time specified

No time specified

No time specified

No time specified