New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 274

274 Liability to be accepted and weekly payments commenced within 21 days

(1) Within 21 days after a claim for weekly payments is made the person on whom the claim is made must determine the claim by--

(a) accepting liability and commencing weekly payments, or

(b) disputing liability.

Note--: Section 283 makes failure to comply with this section an offence. Section 78 requires notice of a dispute to be given.

(2) An insurer can accept liability for weekly payments on a provisional basis for a period of up to 12 weeks determined by the insurer having regard to the nature of the injury and the period of incapacity.

(3) The acceptance of liability on a provisional basis operates to extend the period within which the claim must be determined until the end of the period for which liability has been accepted on a provisional basis.

Note--: This allows the insurer more time to determine liability while providing for the commencement of weekly payments on the basis of the provisional acceptance of liability.

(4) Liability cannot be accepted on a provisional basis under this section if the insurer is already making weekly payments on the basis of the provisional acceptance of liability under Division 1 when the claim for weekly payments is made.

(5) The acceptance of liability on a provisional basis does not constitute an admission of liability by the employer or insurer under this Act or independently of this Act.

(6) An employer is not required to determine a claim as provided by this section if--

(a) the employer has duly forwarded the claim to an insurer who the employer believes is liable to indemnify the employer in respect of the claim, and

(b) the employer has complied with all reasonable requests of the insurer with respect to the claim.

Note--: A claim forwarded to the insurer is taken to have been made on the insurer.