What does it mean if my claim has been ‘reasonably excused’?

Quick answer

If your claim is ‘reasonably excused’, your provisional weekly workers compensation payments can be delayed. The insurer may require more information from you or have encountered another problem with your claim.

In depth answer

In NSW, a workers compensation insurer has 7 days from the day they are notified to determine liability or begin provisional weekly payments to an injured worker.

The only exception to this is where an insurer has a ‘reasonable excuse’. An insurer may delay the start of weekly wage payments if they:

  • Do not have sufficient information to make a decision.
  • Do not consider you a worker.
  • Do not consider your injury to be work-related.
  • Cannot contact you.
  • Were not notified of the injury within the two-month time limit.

Once the insurer has been provided with any additional information requested, they will then usually determine liability. Failing to provide the insurer with all relevant information can often delay the start of payments, which can negatively impact your financial situation.

This is why it’s important to engage a lawyer with specialist workers compensation knowledge. They will ensure the insurer has all necessary information in this first instance, avoiding lengthy delays and securing your payments as soon as possible.

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