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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 93
Claims for weekly compensation--commencement of payments
93 Claims for weekly compensation--commencement of payments
(cf former s 102A)
(1) Weekly payments of compensation are to commence as
soon as practicable (but not later than 21 days) after the claim for
compensation is duly made.
(2) If the person on whom a claim is made disputes
liability to make the weekly payments within 21 days after the claim for
compensation is duly made, the obligation under this section to commence the
weekly payments (or the balance of the weekly payments in dispute) does not
apply. Note--: If liability is disputed the worker can refer the dispute to
conciliation. See section 101.
(3) If a person has a reasonable excuse for
failing to commence weekly payments of compensation (or the balance of
weekly payments in dispute) within 21 days after the claim for compensation is
duly made, subsections (1) and (2) apply to the weekly payments as if a
reference in those subsections to 21 days were a reference to the period that
ends-- (a) 42 days after the claim for compensation is duly made, or
(b) when
the person ceases to have that reasonable excuse,
whichever is earlier.
(4)
An employer has such a reasonable excuse if-- (a) the employer has duly
forwarded the claim for compensation 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.
(5) A person who has or anticipates having such a reasonable
excuse must notify the claimant in writing as soon as practicable.
(6) This
section ceases to apply if the claim for compensation is withdrawn.
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