Provisional liability

Provisional liability commenced 1 January 2009 and applies to new claims received on or after this date. Provisional liability will assist with the prompt management of a worker’s injury in order to:

• assist return to work as early as possible
• provide prompt income support while a worker is incapacitated for work
• reduce delays be determining entitlements when the disability is reported.

The new process will assist a worker financially while they recover from their injury. Responding quickly to treat injuries and start rehabilitation will maximise a worker’s recovery and get them back to work sooner.

What is provisional liability and how does it work?

Provisional liability is a process in which WorkCover or the self-insured employer begins paying weekly payments within seven calendar days (in most cases) of an injury being reported. If the claim cannot be determined, provisional payments can be made unless the mandatory information is not given at the time the injury is reported or a ‘reasonable excuse’ not to start payments applies.

The provisional payment of medical and other expenses is also included up to a limit of $5000. There is no time limit in which these expenses can be incurred, as long as the $5,000 limit is not exceeded. If the worker has paid for necessary medical treatment, Employers Mutual or the self-insured employer should reimburse the worker within 14 calendar days after the worker requests payment or in accordance with the self-insured employer’s policies and procedures.

Click here for the provisional liability guidelines.