NSW workers compensation blog

Section 39 NSW: what to do before weekly payments hit 260 weeks

If your insurer says weekly payments will stop under section 39, treat it as an urgent dispute event. This guide shows the evidence and timeline actions that matter most before the cutoff date.

Get urgent claim review Weekly payments stopped guide

Direct answer: can weekly payments continue after 260 weeks?

Sometimes, yes — but only where legal thresholds and evidence are prepared properly before the stop date. Treat section 39 as a coordinated dispute across week counting, capacity, impairment threshold, and wage assumptions.

Do not assume the insurer's week count is correct.
Do not rely on generic medical certificates.
Do not ignore PIAWE underpayment and arrears issues.
Do lock your dispute pathway before cessation date.

What to do in the next 48 hours

Request the insurer's week-count worksheet and written cessation reasoning in full.
Send your treating GP/specialist a targeted question list tied to capacity assumptions in the notice.
Pull payslips and wage records to check for PIAWE underpayment and arrears exposure.
Choose your primary dispute track (work capacity and/or PIC) before the cessation date.

Step 1: verify insurer week counting and notice wording

Start by confirming how the insurer counted your 260 weeks and whether they relied on other findings (such as capacity assumptions) to justify stopping payments. If a formal denial notice is involved, cross-check with the section 78 notice dispute guide so you can isolate errors early.

Step 2: collect targeted medical and work-capacity evidence

Section 39 disputes are often won or lost on detailed medical restrictions and impairment evidence. Generic certificates rarely move the insurer. Ask your treating team for diagnosis-linked restrictions, prognosis, and functional limits that address the insurer's assumptions directly.

What usually goes wrong before the 260-week cutoff

The insurer rarely frames a section 39 stoppage as just a week-count issue. In practice, payment cessation at 260 weeks is often bundled with arguments about your work capacity, earnings, treatment plateau, or whether you satisfy the serious-injury threshold. That means the strongest response is usually coordinated rather than one-dimensional.

1. The insurer says you are not a seriously injured worker

If the file is drifting toward a threshold fight, you need to understand how the greater-than-20% impairment test interacts with section 39. Start with the section 32A seriously injured worker guide and the lump sum WPI service page.

2. Capacity opinions are used to weaken your evidence

Even where section 39 is the headline issue, insurers often rely on IME reports or rehabilitation notes to argue you can sustain employment. Compare the reasoning with the work capacity decisions guide and the unfair IME report guide.

3. Underpayment issues get ignored because the stop date feels more urgent

If your PIAWE was wrong for months or years, the section 39 notice can hide a parallel arrears problem. Audit the numbers using the PIAWE calculation guide and the recalculation request guide.

4. Treatment evidence is too thin by the time payments stop

If treatment has already been delayed or denied, the insurer may say there is no current objective basis for ongoing incapacity. Rebuild that record early with the treatment denied guide and, where relevant, the surgery denied guide.

Step 3: pressure-test wage assumptions and arrears impact

Many claim files also include wage underpayment issues. If your pre-injury earnings were miscalculated, you may have additional recovery arguments. Pair your section 39 strategy with the PIAWE recalculation guide to identify any compounding loss.

Step 4: lock dispute pathway before payments stop

Waiting until after cessation can increase financial pressure and negotiation disadvantage. If work-capacity findings are part of the cutoff decision, use the work capacity dispute pathway and prepare escalation steps through the Personal Injury Commission process.

7-day section 39 triage checklist

260-week calculation and stop date independently verified
Treating doctor and specialist evidence requested with detail
Capacity and wage assumptions checked for factual error
Dispute pathway selected before payment cessation date

If you want a fast second opinion before income is cut, request a free claim check and we can map immediate next steps from your notice and medical file.

Need an urgent review before weekly payments stop?

Section 39 disputes get more expensive and more stressful once income has already been cut off. If you have a notice, a stop date, or a threshold argument brewing, get the file checked now.

Start Free Claim Check Call (02) 9635 0889

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