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Safety Matters - Rail, Tram and Bus Union of NSW

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Compensation Payments<br />

Provisional Payments<br />

Provisional payments are a new payment mechanism introduced on 1st January<br />

2002. It only applies to new claims made on or after that date.<br />

Provisional payments consist <strong>of</strong> two main components:<br />

• A special provision for the early commencement <strong>of</strong> weekly payments prior<br />

to the acceptance <strong>of</strong> liability for a claim. Payments are to commence within<br />

7 days <strong>of</strong> receiving an Initial Notification <strong>of</strong> injury. They can be made for a<br />

period <strong>of</strong> up to 12 weeks.<br />

• A special provision for the acceptance <strong>and</strong> payment <strong>of</strong> medical expenses for<br />

an amount <strong>of</strong> up to $5000.<br />

The making <strong>of</strong> provisional payments does NOT constitute an admission<br />

<strong>of</strong> liability by the insurer or employer. It is independent <strong>of</strong> the process <strong>of</strong><br />

determining liability for a claim.<br />

Purpose <strong>of</strong> Provisional payments<br />

To underst<strong>and</strong> the purpose <strong>of</strong> provisional payments, its important to look at<br />

some <strong>of</strong> the concepts that underpin the change, including workplace injury<br />

management.<br />

Aims <strong>of</strong> the Scheme<br />

The principal aims <strong>of</strong> <strong>NSW</strong> workers compensation legislation are:<br />

1. Prompt <strong>and</strong> effective treatment <strong>and</strong> return to work <strong>of</strong> injured workers<br />

2. Income support for injured workers <strong>and</strong> their families<br />

3. Fair <strong>and</strong> affordable premiums for employers with incentives for improved<br />

performance<br />

4. Efficient <strong>and</strong> cost-effective service delivery<br />

The factors that have previously hindered injury management in <strong>NSW</strong> included<br />

the unacceptably high levels <strong>of</strong> disputes <strong>and</strong> associated legal activity/costs.<br />

Therefore, the development <strong>of</strong> new streamlined claims procedures, including<br />

the making <strong>of</strong> early payments on a provisional basis, has been a critical area <strong>of</strong><br />

reform. It has been designed to improve outcomes for workers <strong>and</strong> employers<br />

<strong>and</strong> prevent disputes.<br />

BACK TO CONTENTS<br />

<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />

SECTION THREE<br />

RAIL<br />

TRAM AND BUS<br />

13<br />

A Summary <strong>of</strong> Workers Compensation in <strong>NSW</strong><br />

U N<br />

I O N

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