You will be paid provisional payments of income compensation and medical and health expenses, if you were given a deferred decision notice within 14 days of your employer’s insurer receiving your claim, but the insurer has not given you a liability decision notice 28 days after receiving your claim. The deferred decision notice will include the date from when provisional payments are payable.
Provisional payments will be paid to you by your employer.
Provisional payments of income compensation are payable from the day you first had an incapacity for work and will end on the earliest of the following:
- The day on which a certificate of capacity is issued that specifies that you no longer have any incapacity for work; or
- The day on which the insurer gives a liability decision for your claim; or
- The day on which the insurer is taken to have accepted that your employer is liable for your claim (deemed liability acceptance).
Provisional payments of medical and health expenses are payable from the day your injury occurred and will end on the earliest of the following:
- The day on which the insurer gives a liability decision for your claim; or
- The day on which the insurer is taken to have accepted (deemed liability) that your employer is liable for your claim (deemed liability acceptance).
The total amount of provisional payments in respect of medical and health compensation is limited to 5% of the medical and health expenses general limit amount.
Any provisional payments paid to you are not recoverable unless the claim involved fraud.