If you’ve been injured at work and you’re receiving workers compensation in NSW, a big question you’ll face is: how long can the payments last?
The answer depends on your circumstances, but the core rule is clear. Under section 39 of the Workers Compensation Act 1987 (NSW), weekly payments — the income replacement component of your workers comp claim — are available for a maximum of 260 weeks (5 years). Payments beyond 260 weeks are only available to workers who are assessed as having more than 20% permanent impairment
However, critical exceptions apply, and the journey to 260 weeks involves a milestone review at 130 weeks that can significantly affect what you receive and for how long.
This article explains exactly what happens at 130 weeks, and what you must do to protect your payments. If you need help understanding your options, you can call Law Partners on 13 15 15 for free legal advice.
If you’re approaching 130 weeks on workers compensation in NSW, you’re at a critical stage of your claim. This is the point where weekly payments can stop if you’re not prepared — and many workers only understand their rights after payments have already ceased.
If you wait until you’re close to or past 130 weeks, you may:
Before reaching 130 weeks, it’s important to review your situation carefully. This may include:
A specialist lawyer will review your circumstances and tell you how much you can claim.
The two pathways to continuing weekly payments beyond 130 weeks are:
If you don’t meet either of these criteria at the 130-week mark, your weekly payments will generally cease. This is why the period approaching 130 weeks requires active preparation, not passive waiting.
Pro tip: Many injured workers only discover their rights after payments stop, when it can be much harder to take action. Seeking advice before the 130-week mark allows you to understand your options and make informed decisions.
Common problem: When a worker’s certificate of capacity doesn’t accurately reflect their true condition. For example, if a certificate states a worker has capacity for 15 hours per week but the worker isn’t actually working those hours — and their condition is genuinely worse than the certificate reflects — payments may cease even though the worker has legitimate grounds to continue receiving them.
Solution: The solution is to ensure your treating doctor fully understands your symptoms and limitations, and that your certificate accurately reflects your actual capacity.
The 130-week mark is also an important opportunity to investigate your permanent impairment percentage. This can be done if you have reached maximum medical improvement (MMI), meaning your condition has stabilised and is unlikely to significantly improve with or without further treatment. This assessment will directly determine how long you’re entitled to weekly payments and treatment support — making it a critical step in protecting your long-term entitlements under your workers compensation claim.
Here’s a checklist of steps you can take as you approach 130 weeks:
Look carefully for any letters about work capacity decisions, upcoming assessments, or notices about changes to your payments. These documents contain critical information about what the insurer is planning.
Ensure your doctor clearly understands your ongoing symptoms and limitations. Confirm that your certificate accurately reflects your actual capacity — not an optimistic estimate that doesn’t match your reality.
Determine whether you have no capacity for work, or whether you are working at least 15 hours per week and earning above the current earnings threshold.
The 130-week mark is an important time to explore whether a WPI assessment is appropriate. Your WPI result will directly affect your entitlement to payments beyond 260 weeks and the scope of your treatment support.
Maintain records of medical appointments, treatments, and how your injury affects your daily life. This documentation can be critical if your payments are disputed.
You’re entitled to request information about your claim from the insurer. Understanding what decisions are being made about your claim puts you in a stronger position.
Even if you’re unsure whether you have a problem, getting advice before 130 weeks gives you time to act. Waiting until after payments stop makes recovery significantly harder. You can call Law Partners on 13 15 15 for free legal advice.
Pro tip: Acting early can make a significant difference. There are strict thresholds and procedural steps involved in workers compensation claims. These processes often take time, particularly where medical assessments, reports, or insurer decisions are required.
A specialist lawyer will review your circumstances and tell you how much you can claim.
Weekly payments are available for a maximum period of 260 weeks (5 years) under section 39 of the Workers Compensation Act 1987. This rule applies to the vast majority of injured workers in the NSW scheme. Payments beyond 260 weeks are only available to workers who are assessed as having more than 20% permanent impairment, subject to work capacity.
One important clarification that often surprises workers: the 260-week count refers to the total number of weeks of weekly payments received, not simply the number of weeks that have passed since your injury date. If your payments were suspended or ceased for a period and then reinstated, those non-payment weeks don’t count toward your 260-week total. This distinction matters practically — it means your entitlement period could extend further in calendar time than five years if there were gaps in payment.
The 260-week rule doesn’t apply if your permanent impairment is assessed at more than 20% whole person impairment (WPI).
Following is a summary of what you can claim during each entitlement period.
Note: AWE is your average weekly earnings prior to your injury.
No work capacity: 95% of AWE (capped at $2,395.30/week).
Some work capacity: 95% of AWE minus the greater of your actual earnings, or your ability to earn in suitable employment.
No work capacity: 80% of AWE
Working ≥15 hours/week: 95% of AWE minus of the greater of your actual earnings, or your ability to earn in suitable employment.
Working <15 hours or not working: 80% of AWE minus of the greater of your actual earnings, or your ability to earn in suitable employment.
No work capacity (indefinite): 80% of AWE (must be assessed as unlikely to return to work)
Some work capacity: 80% of AWE minus of the greater of your actual earnings, or your ability to earn in suitable employment (only if applied for between weeks 78–130 and working ≥15 hrs/week).
Permanent impairment ≤20%: payments cease.
Permanent impairment >20%: 80% of AWE (less earnings if working; ongoing entitlement subject to work capacity).
Understanding where you sit within this timeline is important to protect your workers comp entitlements. Each milestone brings different obligations, different rates, and different risks — all of which are explained in the sections that follow.
Reaching 260 weeks is not the only way weekly payments can end. For workers who are injured at work and receiving payments, there are some situations where an insurer can lawfully reduce, suspend, or stop weekly payments well before the maximum period is reached. Understanding these risks, and how to avoid them, is essential.
Based on icare’s guidance on weekly payments, the most common reasons payments are stopped or reduced early include:
Your certificate of capacity is the primary document that certifies your injury and your work capacity. If it lapses or isn’t renewed, the insurer can suspend payments.
What to do: Maintain regular appointments with your treating doctor and ensure your certificate is renewed before it expires.
Workers are required to actively participate in return-to-work programs and suitable duties arrangements. Failing to do so without reasonable cause can result in reduced or suspended payments.
What to do: Engage genuinely with return-to-work planning and document any barriers to participation (such as medical restrictions).
Insurers are entitled to arrange independent medical examinations (IMEs). Failing to attend without a valid reason can jeopardise your payments.
What to do: Attend all arranged appointments; if you have concerns about a particular examiner or appointment, you can call us for advice before refusing to attend.
Work capacity assessments formally evaluate what work you can perform. Non-participation can be treated as a failure to comply with your obligations.
What to do: Engage with the process and ensure your medical evidence supports your stated capacity level.
The common thread across all of these risks is that they are largely avoidable with proactive claim management. If your workers compensation payments are reduced or stopped for any of these reasons, the insurer must provide written reasons for the dispute, and we can assist with challenging the decision through the appropriate channels.
At Law Partners, we’ve helped thousands of injured workers across NSW maintain their payments beyond 130 weeks. Our specialist workers compensation lawyers know how to challenge insurer decisions, gather the right evidence, and negotiate the best possible results for our clients. We work on a no win, no fee basis, so there’s no financial risk in getting help with your claim.
Chantille Khoury
Partner
Chantille is a multi-award-winning, preeminent workers compensation specialist with over 20 years’ experience. Having ranked top 6 nationwide in the highest category of the Doyle’s Guide, Chantille is now providing feedback on policy changes for the Personal Injury Commission and IRO.
Our senior lawyers will assess your case for free.
