Understanding Workers Compensation Section 78 Notices

If you have suffered a workplace injury and lodged a workers compensation claim in NSW, you may receive a formal notification known as a Section 78 notice from your workers compensation insurer. Understanding what this notice means is vital because it directly impacts your entitlement to weekly payments while you recover from your injury.

At Law Works Compensation Lawyers, Principal Nadene Alawie and her dedicated team are experienced in guiding injured workers through the complexities of workers compensation claims, including disputes involving Section 78 notices. This article explains the role of a Section 78 notice, when it is issued, and what steps you should take to protect your rights.

What is a Section 78 Notice?

A Section 78 notice is a formal written notice issued by the workers compensation insurer under Section 78 of the Workers Compensation Act 1987 (NSW). The insurer is required to give this notice whenever they refuse or dispute liability for any part of a claim. This includes:

• Denying or stopping weekly payments
• Refusing approval for medical or treatment expenses
• Rejecting claims for rehabilitation services
• Disputing liability for other benefits related to your workplace injury

When is a Section 78 Notice Issued?

Workers Compensation Insurers such as EML, Allianz, DXC, QBE, and others operating in NSW are legally required to issue a Section 78 notice when they decide to stop or reduce your weekly payments. Some common reasons for issuing this notice include:

• The insurer believes you are now fit to return to work, either in full or with some restrictions
• You have reached the maximum time limit for receiving weekly payments under the law
• Your injury has progressed to a point where permanent impairment has been assessed, and lump sum compensation is now being considered instead of weekly payments

Receiving this notice marks a significant turning point in your workers compensation claim and can have serious financial consequences if you are still unable to work. You should contact Nadene Alawie at Law Works Compensation Lawyers without delay.

Why is a Section 78 Notice Important?

For many injured workers, weekly payments are their primary source of income during recovery. A Section 78 notice means those payments will stop or reduce — and often without warning. This can create uncertainty and stress, especially if you feel your injury still prevents you from working.

Section 78 notices are part of the insurer’s assessment process but are not the final word. If you disagree with their decision, you have the right to challenge it. Law Works Compensation Lawyers can help you.

What Should You Do If You Receive a Section 78 Notice?

1. Carefully Review the Notice
   The notice will specify the reasons why your weekly payments are stopping or changing, including the date the change takes effect. It may also outline your options if you disagree.
2. Seek Immediate Legal Advice
   Principal Nadene Alawie at Law Works Compensation Lawyers recommends contacting a specialised workers compensation lawyer as soon as you receive a Section 78 notice. A lawyer can explain your rights and help you understand whether the insurer’s decision is valid. Contact us on 1800 955 605.
3. Challenge the Decision if Appropriate
   If you believe you are still entitled to weekly payments because your injury prevents you from returning to work, Law Works Compensation Lawyers can assist in lodging a dispute or appeal with the insurer or, if necessary, the Personal Injury Commission.
4. Prepare for the Next Phase of Your Claim
   In some cases, stopping weekly payments signals a shift to lump sum compensation for permanent impairment. Your lawyer can guide you through this transition and advise on what to expect.

How Can Law Works Compensation Lawyers Help?

Navigating a Section 78 notice can be overwhelming. At Law Works Compensation Lawyers, Nadene Alawie and her team have years of experience helping injured workers contest unfair decisions and secure the compensation they deserve.

Our services include:

• A thorough review of your Section 78 notice and all medical evidence
• Clear advice about your legal options and likely outcomes
• Assistance with disputing decisions made by workers compensation insurers like EML, Allianz, DXC, and QBE
• Representation in negotiations and hearings at the Personal Injury Commission
• Support throughout every stage of your workers compensation claim

Why Choose Law Works Compensation Lawyers?

Nadene Alawie leads a firm that prioritises compassionate, client-focused service. We understand the challenges injured workers face and are committed to fighting for fair outcomes in every case. Our no win, no fee policy means you can access expert legal help without upfront costs or financial risk.

Contact Law Works Compensation Lawyers

If you have received a Section 78 notice or need advice about your workers compensation claim in NSW, contact us today to discuss your situation confidentially.

Phone: 1800 955 605
Website: www.lwcompensation.com.au
Email: info@lwcompensation.com.au