I’ve been issued with a section 81A notice by my workers compensation insurer – what do I do now?
Published on February 17, 2025 by Ebony Billett and Lucinda Gunning
In Tasmania if you have sustained a workplace injury, either psychologically or physically, you should:
- firstly, report the injury;
- seek any medical attention required, and;
- lodge a workers compensation form with your employer.
After the claim has been lodged, your employer will have 84 days from the date of submission to dispute liability to pay compensation for your claim. Commencement of weekly benefit payments must start no later than 14 days after the employer has received your claim. In the event that your pay day is more than 14 days after lodging the claim, weekly payments must commence on your normal pay day, and this usually happens where you are paid on a monthly basis.
During the 84-day time frame, if the insurer wishes to decline your claim, they must serve you with written notice to dispute liability to pay compensation, inform you of the reasons for disputing liability and then refer the matter to the Tasmanian Civil & Administrative Tribunal (“Tribunal”) under section 81A of the Workers Compensation and Rehabilitation Act 1988 (TAS) (“The Act”).
If you do not receive a section 81A notice within 84 days of lodging your claim, liability is deemed to be accepted, and ongoing payments will continue.
If you receive a section 81A notice, your matter will be listed for a teleconference before the Tribunal, at which time the Tribunal will make a decision about whether your employer has a reasonably arguable case to issue the dispute notice.
The bar for whether the employer has a “reasonably arguable case” is very low, and therefore the majority of section 81A decisions are confirmed by the Tribunal. However, we recommend seeking urgent legal advice upon receipt of any section 81A notice, before the teleconference listing. Carroll & O’Dea Lawyers can advise you as to whether there are viable prospects of challenging the section 81A notice, or alternatively whether it is recommended to consent to the notice.
If you consent to the section 81A notice, the Tribunal will simply confirm the declinature notice, and the insurer will cease your payments. Importantly, if you have been issued with a section 81A notice this is not the end of the road for your claim and you should seek legal advice about formally challenging the declinature in the Tribunal. Carroll & O’Dea Lawyers can assist you with preparing a challenge to your s81A notice. If your challenge is successful, the Tribunal will reinstate your workers compensation benefits.
In Tasmania there is no time limit in which to refer a section 81A declinature back to the Tribunal. However, if your employer has declined your claim under a section other than section 81A there are strict time limits to refer the matter to the Tribunal for a determination and you should seek urgent legal advice.
What steps should I take after being issued with a section 81A declinature?
If you have been issued with a section 81A notice, payment of medical expenses will stop whilst the claim is declined. If you intend to challenge the declinature, you should keep receipts for all medical expenses you incur for treatment related to your workplace injury. You can pay out of pocket, or claim through Medicare or your private health fund, or a combination of these.
During the declinature period, your weekly benefit payments will cease. It can be very daunting being either on reduced hours or not going to work at all and trying to figure out how you will support yourself week to week. You should consider applying to use your sick leave and/or your annual leave. In the event of a successful challenge of the declinature of your claim, your sick and annual leave will be able to be recredited, under section 84A and section 84B of the Act. However, if you do not wish to go down this avenue, then your other options include determining whether you have income protection insurance (such as through your superannuation), or whether you are eligible to receive Centrelink benefits.
You should continue to obtain Certificates of Capacity from your GP during the declinature period.
Carroll & O’Dea Lawyers can provide you with advice around your legal rights and entitlements, and whether we consider you have valid grounds to challenge the referral at the section 81A teleconference, or alternatively whether your matter would be suitable for a later referral back to the Tribunal after additional evidence has been gathered to support your claim. Carroll & O’Dea Lawyers can assist in workers compensation claims on a no win/no fee basis. We recommend contacting Carroll & O’Dea Lawyers if you have been injured in a workplace accident and have been issued with a section 81A referral.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you. You can also complete our Personal injury Claim Check at any time here.
