Cessation of weekly payments after 5 years—injuries other than primary psychological injuries
39 Cessation of weekly payments after 5 years—injuries other than primary psychological injuries
Despite any other provision of this Division, a worker has no entitlement to weekly payments of compensation under this Division in respect of an injury after an aggregate period of 260 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker in respect of the injury.
This section does not apply to an injured worker whose injury results in permanent impairment if the degree of permanent impairment resulting from the injury is more than 20%.
Note.
For workers with more than 20% permanent impairment, entitlement to compensation may continue after 260 weeks but entitlement after 260 weeks is still subject to section 38.
For this section, the degree of permanent impairment that results from an injury must be assessed under—
Part 6, or
the 1998 Act, Chapter 7, Part 7.
If weekly payments of compensation become payable to a worker after compensation under this division ceases to be payable to the worker, compensation under this division is once again payable to the worker but only from the date of—
the worker’s further principal assessment under Part 6, or
an assessment under the 1998 Act, Chapter 7, Part 7.
This section does not apply in relation to primary psychological injuries.
Note—
Under section 39A, the maximum duration of weekly payments for primary psychological injuries is 130 weeks, subject to the degree of permanent impairment of the worker.
This Act’s bill:Explanatory memorandum
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