Provisional liability enables your insurer to start paying weekly benefits and medical expenses to you (the injured worker) without admitting or incurring liability under the legislation or otherwise.
Provisional liability allows weekly payments to continue for a maximum of 12 weeks and payment of medical expenses up to a prescribed statutory limit which varies depending upon the date the expenses claimed were incurred. It also extends the time allowed for the insurer to make a final decision on liability.
Where provisional liability has been accepted and there has been a loss of earnings, the insurer must start weekly payments within seven days of being notified of the injury.
If provisional liability payments do not start due to a reasonable excuse, the insurer must notify you in writing of the reason/s relied upon. They must also provide you with information on how to resolve the issue.
Part one of the Guidelines for claiming compensation benefits available on the SIRA website sets out the procedures for initial notifications and provisional liability.
If you require assistance or advice, or if there’s a problem or a dispute, contact the insurer or SIRA on 13 10 50 or the Independent Review Office (WIRO) on 13 94 76.