Provisional Liability

Provisional Liability

Provisional Liability

Summary

Allows interim payments for up to 12 weeks while liability is investigated.

Key Information

Within seven days of notice, the insurer should either: (1) accept/deny liability, (2) commence provisional payments, or (3) apply a reasonable excuse. Provisional liability usually covers weekly benefits and medical expenses during investigation.

Referral or Escalation

Do a legal referral if there is no response within seven days, a reasonable excuse is applied, or handling appears unjustified.

Practical Tips

  • Ensure a valid Certificate of Capacity supports the claim.
  • Keep copies of employer/insurer communications.

Related Content

  • Investigation of Claims
  • Denial of a Claim
  • First Steps When Injured

    • Related Articles

    • Workers Compensation Referrals

      WORKERS COMPENSATION: MSD SUPPORT & SOLICITOR REFERRALS For MSD Use Only 1. Purpose This guide explains: What assistance MSD provides in workers compensation matters When a matter must be referred to a solicitor How MSD and solicitors work together ...

    • Denial of a Workers Compensation Claim

      Denial of a Claim Summary Insurers can deny liability on certain grounds; denials must be in writing and can be reviewed. Key Information No time limit applies for reviewing a denial. After denial, members should avoid direct discussion with the ...

    • COVID Exposure & Workers’ Compensation Entitlements for Health Workers

      Overview Health workers—including hospital staff, paramedics, public health employees, disability workers, aged care workers, allied health, and cleaning staff in health environments—are covered by special workers compensation protections if they ...

    • Investigation of Claims

      Investigation of Claims Summary Insurers may undertake factual and/or medical investigations. Key Information Factual Investigation Statements may be requested by an insurer‑appointed investigator. A support person can attend; request a draft for ...

    • Employer Obligations When a Worker Has a Non-Work-Related Injury or Illness (NSW)

      Overview Health workers regularly experience temporary or ongoing medical conditions that are not caused by work—such as surgeries, chronic illnesses, pregnancy-related conditions, injuries outside work, mental health issues, infections, and ...