Unlawful discontinuance of workers’ compensation
Saturday, December 13, 2008
It is an offence in Western Australia under the Workers’ Compensation and Injury Management Act (the Act) for an employer to discontinue or reduce your workers’ compensation payments otherwise than in accordance with the Act.
An employer is not entitled to discontinue or reduce weekly payments of compensation unless:
- you have consented; or
- you have returned to work; or
- you have been served with a valid notice and a medical certificate.
Did you consent?
If you consented to your weekly payments being discontinued there may be circumstances where this will not effect your ongoing entitlement to weekly payments.
You should seek legal advice:
- before you consent to your payments being discontinued or reduced.; or
- if you have given your consent and you believe you may have an ongoing entitlement to weekly payments of compensation.
Have you returned to work?
Your employer is not entitled to discontinue your payments of weekly compensation unless you have returned to full employment for an indefinite period with the employer who is paying workers' compensation. Before the employer is entitled to discontinue your workers' compensation payments you must have returned to work on substantially the same basis of pay and terms and conditions as you were before you were injured.
Were you served with a valid notice and medical certificate?
If you have not given your consent or returned to work your employer must serve you with a valid notice and a medical certificate before they are entitled to discontinue or reduce your payments.
The Notice must clearly:
- Inform you of the effect of failing to make an application if you do not agree with the employer's decision to discontinue or reduce payments; and
- Inform you that you may obtain information from Workcover
The medical certificate must:
- State the injury that caused your incapacity;
- State why your injury no longer exists or why your incapacity is no longer a result of the injury;
- State your capacity for work.
If your employer has not complied with the Act and discontinues your weekly payments of compensation then you are entitled to an order from an Arbitrator that your weekly payments be reinstated.