Table 5.1: Prescribed time periods for payments

NSW

Vic

Qld

Tas

ACT

Comcare

Seacare

DVA

Eligibility from

Weekly payments payable from the first date of either total or partial incapacity for work resulting from the injury — s33, Workers Compensation Act 1987.

Weekly payments payable from date of incapacity for work — s160, Workplace 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 —s47 (income compensation). From date of injury — ss. 70 (medical & health expenses), Workers Compensation and Injury Management Act 2023.

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

Date of Incapacity —s64, Return to Work Act 1986.

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 — s31, Seafarers Rehabilitation and Compensation Act 1992.

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

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

s85, s118 - Date of incapacity for work.

DRCA 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 7 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 7 days of the claim for weekly payments being accepted - s178(3).

Day of assessment — s141(1).

Day after assessment day — s141(2).

Within 14 days of claim acceptance. First payment includes accrued payments from date of injury/ incapacity — s47(2)

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)

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

Within 3 working days from accepting liability — s85(2).

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 pays 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 7 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

No time specified

Immediately — s126(3).

From then on – before the expiration of 7 days after the end of the week in respect of which it is payable or, where the worker is normally paid at intervals greater than one week, before the expiration of 7 days after the end of the period in respect of which they are normally paid. — s88.

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

2 months — s213(2).

No time specified

Within 7 days of employer receiving account — s76A(2).

No time specified

Medical expenses claim

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

Within 28 days — s75(2).

No time specified

Medical expenses paid

No time specified

No time specified — s210.

No time specified

28 days — s77AA(1) and s77AB(2).

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

As soon as practicable — s85(3).

No time specified

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Table 5.1: Prescribed time periods for payments

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