Overview
How this affects your claim in practice
For an ordinary physical-injury claim, section 39 generally stops NSW weekly payments after an aggregate 260 weeks paid or payable for the injury. The cutoff does not apply where the operative permanent-impairment assessment is more than 20% WPI, but exactly 20% is not enough. Passing that threshold does not guarantee continuing payment because the separate section 38 work-capacity and earnings requirements still apply.
Current section 39 does not govern a primary psychological injury. Claims notified or made from 1 July 2026 use the separate sections 39A and 39B framework and transitional dates. Before accepting any cessation date, check the injury classification, week-by-week ledger, operative impairment position, section 38 status and the complete written notice.
- The 260 weeks are aggregate paid or payable weeks, whether or not consecutive.
- The exception is more than 20% permanent impairment, not 20% or more.
- A section 39 exception does not bypass the section 38 entitlement tests.
- The degree of permanent impairment must be assessed in the legally applicable way, not inferred from diagnosis or surgery.
- Primary psychological injury is excluded from section 39 and has a separate current framework.
- A payment ledger, operative impairment material and complete notice are more useful than a generic urgency checklist.
Practical review
What to check in this situation
- Reconcile the insurer’s aggregate paid-or-payable week count against remittances, arrears, suspensions and reinstatements.
- Use the operative permanent-impairment assessment; diagnosis, surgery or a predicted WPI does not satisfy the statutory exception.
- Separate an ordinary physical-injury section 39 issue from the post-1 July 2026 primary-psychological-injury framework.
Records that may help
Keep the proposed cessation notice, payment ledger, all WPI reports and agreements, Certificates of Capacity, current earnings, section 38 application material and every insurer calculation.
Next procedural step
Request the ledger and legal basis in writing and obtain prompt review before the stated cessation date; an IRO complaint does not itself determine or automatically stay the entitlement dispute.
What section 39 actually says
The limit applies after an aggregate period of 260 weeks in respect of which a weekly payment has been paid or is payable for the injury. The Act expressly says the weeks need not be consecutive. A calendar calculation alone can therefore be wrong where payments started late, stopped, resumed or were later paid in arrears.
The permanent-impairment exception applies where the degree resulting from the injury is more than 20%. The Act’s note makes clear that weekly-payment entitlement after 260 weeks remains subject to section 38.
The section 39 decision points
| Question | Current rule | Record to check |
|---|---|---|
| How are the weeks counted? | Aggregate weeks paid or payable for the injury, whether or not consecutive. | Insurer ledger, remittances, arrears and reinstatement decisions. |
| What impairment satisfies the exception? | More than 20% permanent impairment resulting from the injury. | The operative assessment and the insurer or Commission decision applying it. |
| Does the exception guarantee payment? | No. Entitlement remains subject to section 38 and other applicable limits. | Capacity, earnings, section 38 application and notice material. |
| Does section 39 govern primary psychological injury? | No under the current framework. | Injury classification, notification or claim date, WPI and sections 39A/39B. |
Build a paid-or-payable week ledger
Ask the insurer to identify each week counted and the statutory basis for the proposed end date. Compare that ledger with payment remittances, payslips, cessation decisions, reinstatement orders and arrears. A week can matter because a payment was payable even if it was made later.
Do not assume that every calendar week since injury counts or that every payment interruption is excluded. The claim history and the words "paid or payable" need to be applied to each disputed period.
More than 20% means exactly that
A report saying exactly 20% WPI does not meet the words "more than 20%". A diagnosis, surgery, serious symptoms or an estimate that impairment may later exceed 20% is not the same as the degree of permanent impairment required by section 39.
Permanent impairment arrangements changed from 1 July 2026, including principal-assessment requirements. The operative assessment position should be checked before relying on a report. This page does not predict a WPI result.
Primary psychological injury follows a different limit
The current 260-week section 39 limit does not apply to a worker with a primary psychological injury. For notifications or claims made from 1 July 2026, section 39A generally limits weekly payments to 130 aggregate weeks unless the applicable impairment threshold is met.
For that commencement group, a worker at 21-24% WPI may qualify for a further 52 weeks under section 39B. A worker at 25% or more may continue subject to the applicable section 38 requirements. Later staged thresholds and transitional rules mean the claim date must be checked.
SIRA’s general weekly-payments page contains a section-number heading error in one summary. The enacted 2026 Act identifies section 39A as the 130-week limit and section 39B as the additional 52-week provision.
What to check in a proposed cessation notice
- The complete notice, date received, notice period and proposed cessation date.
- A week-by-week paid-or-payable ledger and supporting remittance history.
- The operative permanent impairment assessment and the exact percentage.
- Any decision about high needs, highest needs or principal assessment.
- The current section 38 capacity, application, hours and earnings position.
- Whether the injury is primary psychological and which commencement rules apply.
Choose the pathway from the decision actually made
A section 39 notice may also contain work-capacity, current-earnings or PIAWE decisions. Work-capacity and current-weekly-earnings decisions fall within section 43. A PIAWE decision made on or after 1 July 2026 is expressly separate, but section 44BA permits both kinds of dispute to proceed to PIC. A liability or medical dispute is not a work capacity decision and may follow a different route.
Do not assume that contacting IRO, asking a question or preparing evidence stays the cessation. Check the notice and any PIC filing position. ILARS-funded legal assistance may be available subject to approval, but funding is not automatic and IRO does not determine the underlying entitlement.
Official sources
Sources are listed for transparency. This guide is general information only and is not legal advice.
Frequently asked questions
Are the 260 weeks consecutive?
No. Section 39 uses an aggregate period of 260 weeks, whether or not consecutive, for which a weekly payment was paid or payable for the injury.
Is exactly 20% WPI enough?
No. The exception is expressed as more than 20% permanent impairment. Exactly 20% does not satisfy those words.
Does more than 20% WPI guarantee payments after 260 weeks?
No. The exception removes the section 39 cutoff, but the Act expressly notes that continuing entitlement remains subject to section 38.
Does section 39 apply to primary psychological injury?
Current section 39 does not apply to a worker with a primary psychological injury. Sections 39A and 39B and their transitional dates must be checked instead.
What should I request from the insurer?
Request the complete notice, the paid-or-payable week ledger, the permanent impairment material relied on and the current section 38 calculation or decision.
Need help applying this to a live claim?
If an insurer has issued a notice, scheduled an assessment, reduced payments or refused treatment, consider obtaining advice about the documents and any applicable review steps.