New South Wales Consolidated Acts

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Duty of claimants to minimise loss

6.5 Duty of claimants to minimise loss

(1) A claimant has a duty to take all reasonable steps to minimise loss caused by injury resulting from a motor accident.
(2) This duty of a claimant includes the following duties--
(a) the duty to undergo reasonable and necessary treatment and care and do all such things as may be reasonable and necessary for the claimant's rehabilitation,
(b) the duty to commence or return to work as soon as reasonably practicable.
(3) If a claimant fails to comply with a duty arising under this section, the insurer may, if authorised to do so by the Motor Accident Guidelines, suspend payment of weekly payments of statutory benefits to the claimant during any period that the failure to comply continues. The person forfeits their entitlement to weekly payments of statutory benefits during the period of any such suspension.
Note : Division 3.3 contains other provisions that authorise the insurer to suspend weekly payments of statutory benefits.

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