Can workers compensation benefits be altered or stopped?
If the employer or worker wishes to query the rate of weekly compensation payments being made, a reference needs to be filed with the Tribunal seeking a review of those payments.
An employer may reduce or stop a weekly payment to a worker only when;
- A worker has returned to work
- A worker is receiving more than the amount of the weekly payment (payment above compensation)
- When a medical practitioner who has examined the worker has certified that they have wholly or substantially recovered from the work injury
- The Tribunal may make a determination that payment should be either reduced or stopped or in some cases increased
- If there is a change in the ordinary hourly rate of pay during a period of incapacity, the weekly payment should be increased or decreased by the like amount
If an employer intends to stop weekly compensation payments altogether, they generally will need to have medical reasons for doing so and advise the worker in writing ten days beforehand.