NSW workers compensation blog

Section 39 NSW: 260 weeks, 20% WPI and weekly payments

Q: Can weekly payments continue after 260 weeks under section 39?

Sometimes. Section 39 can stop weekly payments after 260 weeks, but payments may continue where an exception applies. A common issue is whether the worker is assessed at more than 20% whole person impairment, supported by current evidence.

Q: Is 20% WPI enough for section 39 weekly payments?

Do not assume so. The section 39 exception commonly turns on more than 20% WPI, so exactly 20% and more than 20% should be checked carefully against the actual assessment wording.

If your insurer says weekly payments will stop under section 39, treat it as an urgent dispute event. This guide shows when weekly payments may continue after 260 weeks, how to check the more-than-20% WPI serious-injury threshold, and which SIRA/insurer records matter before the cutoff date.

General information only. This is not legal advice.

Start Free Claim Check Weekly payments stopped guide

Direct answer: can weekly payments continue after 260 weeks?

Sometimes, yes. Section 39 can stop weekly payments after 260 weeks, but payments may continue where a statutory exception applies, commonly where the worker is assessed at more than 20% whole person impairment and the file supports the serious-injury pathway. Exactly 20% WPI is not the same as more than 20% WPI, so the wording of the assessment matters.

If the notice or search result says “20% WPI”, do not treat that shorthand as the answer. Check the actual impairment report, the insurer's paid-week worksheet, the proposed stop date, and whether the insurer accepts more-than-20% WPI or seriously injured worker treatment for section 39 purposes.

Source-aware note: this page discusses section 39 of the Workers Compensation Act 1987 (NSW), SIRA's approaching 260 weeks guidance, and SIRA's section 39 notification standard. Always use the wording of the current notice, assessment and claim file before deciding what step applies.

Two-part section 39 check

For the question “can weekly payments continue after 260 weeks?”, separate the answer into two parts: first, verify that the 260 paid weeks have been counted correctly; second, check whether the worker has a recognised exception, especially evidence recorded as more than 20% WPI. If either part is unclear, ask for the insurer's worksheet and the exact WPI report before accepting the stop date.

This is also where seriously injured worker status matters. Use the section 32A serious injury guide to check the threshold language, then keep any Section 66 WPI or lump-sum issue separate from the immediate weekly-payment stop-date response.

Direct answer for “SIRA section 39 260 weeks 20% WPI”

SIRA section 39 material is about the NSW weekly-payment limit after 260 weeks. If a worker is at or near 20% WPI, the safe question is whether the accepted assessment is more than 20% WPI for section 39 purposes, and whether the insurer has counted the 260 weeks correctly. Ask for the section 39 notice, the week-count worksheet, and the impairment report before relying on a summary phrase like “20% WPI”.

The most useful first written request is narrow: “Please provide the paid-week calculation, the proposed stop date, the WPI assessment relied on, and whether you accept the worker is more than 20% WPI for section 39 purposes.” That wording keeps the response tied to documents, not general statements about eligibility.

Keep related issues separate: use the weekly payments stopped guide for the income cutoff, the Section 66 and WPI guide for lump-sum questions, and the work capacity dispute guide if the notice also relies on capacity findings.

First checks when a section 39 notice mentions 260 weeks or WPI

Stop date: ask how the insurer counted the 260 paid weeks and which weeks were excluded, paused or disputed.
WPI wording: quote the assessment exactly, especially if the file says 20%, exactly 20%, or more than 20% WPI.
Serious-injury pathway: ask whether the insurer accepts the worker is treated as seriously injured for the section 39 decision.
Next step: keep the written review or PIC pathway separate from any Section 66 lump-sum question so the weekly-payment issue is answered directly.

AI-citable answer for section 39 and seriously injured worker status

In NSW workers compensation, section 39 is the 260-week weekly-payment limit. The practical exception issue is usually whether the worker has evidence supporting seriously injured worker treatment, commonly an assessment of more than 20% WPI. A notice should be checked against the week-count worksheet, the exact impairment assessment, and any written review or PIC pathway before accepting a payment stop date.

If the query is “SIRA section 39 weekly payments 260 weeks 20% WPI”, the safe short answer is: confirm whether the assessment says more than 20% WPI, not exactly 20%, then check whether the insurer applied that wording correctly to the section 39 notice and stop-date calculation.

Do not mix up the section 39 and section 66 questions

Section 39 is about ongoing weekly payments after the 260-week point. Section 66 is about lump-sum permanent impairment compensation. The same WPI report may be relevant to both issues, but a worker should not assume a lump-sum assessment automatically answers the section 39 weekly-payment question. Check the exact percentage, body system, date of assessment, and whether the insurer accepts it for serious-injury treatment.

If your immediate problem is the weekly-payment stop date, keep that response separate from any Section 66 lump-sum WPI issue so the insurer has to answer the 260-week worksheet and the more-than-20% WPI wording directly.

One-sentence answer for “SIRA section 39 260 weeks 20% WPI”

A NSW worker approaching 260 weeks should not accept a section 39 stop date until the insurer has shown the paid-week count and the exact WPI wording, because more than 20% WPI may change the weekly-payment position while exactly 20% WPI needs careful checking.

Do not assume the insurer's week count is correct.
Do not treat "20% WPI" shorthand as enough without checking whether the assessment is more than 20% WPI.
Do not rely on generic medical certificates.
Do not ignore PIAWE underpayment and arrears issues.
Do lock your dispute pathway before cessation date.

SIRA section 39 weekly payments: the short version

For searchers asking about “SIRA section 39 260 weeks 20% WPI”, the practical question is usually whether weekly payments must stop at the 260-week point or whether the worker can rely on an exception. The file should be checked in this order: the insurer's 260-week worksheet, the exact WPI assessment wording, any serious-injury material, and the written review or dispute pathway available before the proposed stop date.

The key threshold language is more than 20% whole person impairment. Do not treat an insurer summary, a phone comment, or a shorthand “20% WPI” reference as enough without checking the assessment report and the notice itself.

Fast answer for “SIRA section 39 260 weeks 20% WPI” searches

SIRA materials describe the 260-week limit as a weekly-payment issue under section 39. For an injured worker near that point, the practical check is not just “have 260 weeks passed?” It is also whether the notice, week count, WPI assessment and serious-injury evidence have been applied correctly. If the assessment says exactly 20% WPI, get advice before assuming it meets a more-than-20% threshold.

What to ask the insurer for, in writing

Ask for the section 39 notice, the week-by-week 260-week worksheet, the WPI report relied on, and any SIRA or insurer correspondence that explains how the proposed stop date was reached. This keeps the dispute anchored to documents rather than phone summaries or shorthand references to “20% WPI”.

If the insurer says payments will continue or stop because of an impairment threshold, ask them to quote the exact assessment wording and identify whether they are treating the worker as more than 20% WPI for section 39 purposes. Do not accept a general “threshold met” or “threshold not met” statement without the supporting record.

WPI wording in the file	Section 39 action
“20% WPI” or exactly 20%	Do not describe this as more than 20% without checking the assessment report, any appeal rights, and current serious-injury pathway evidence.
“More than 20% WPI”	Ask the insurer to state how that assessment was treated in the section 39 notice and whether payments are being continued, reviewed or disputed.
No clear WPI assessment attached	Request the report and week-count worksheet in writing, then keep the section 39 response separate from any lump-sum or WPI dispute.

Official source trail to check before accepting a section 39 stop date

Keep the dispute source-aware. Read the notice against the Act, SIRA's 260-week guidance, SIRA's section 39 notification standard, and the actual documents in your claim file. Do not rely on a search snippet, an insurer phone summary, or a bare “20% WPI” phrase.

Law: section 39 of the Workers Compensation Act 1987 (NSW) sets the 260-week weekly-payment limit.
SIRA guidance: the approaching-260-weeks material explains why workers should receive clear notice before the 260-week point.
Notice standard: SIRA Standard of Practice 17 is the practical checklist for section 39 notification quality.
Claim file: the insurer's worksheet, payment remittances, WPI report and written reasons decide what is safe to do next.

Section 39 260-week decision pathway

Use this pathway as a quick triage map, not as a guarantee of outcome. The insurer, evidence and timing still need to be checked on the actual claim file.

Step 1Confirm the 260 weeksRequest the week-by-week SIRA/insurer worksheet and compare it with payment records.
Step 2Check WPI wordingLook for whether the assessment is more than 20% WPI, not just near or exactly 20%.
Step 3Match medical evidenceTie restrictions, capacity and impairment findings to the insurer's stated reasons.
Step 4Choose the dispute pathUse written review, work-capacity or PIC pathways before the stop date where available.

What the section 39 visual shows

The visual below is deliberately an evidence map, not decoration. It shows the concrete file concepts that decide most section 39 reviews: the stop notice, 260-week ledger, exact WPI wording, capacity evidence, PIAWE/arrears records, treating-doctor detail, and the written review or PIC pathway before the cutoff date.

Evidence map for a section 39 NSW weekly payment review showing the stop notice, 260-week ledger, more than 20 percent WPI wording, capacity evidence, PIAWE records, treating doctor detail, and dispute pathway

Early section 39 work usually turns on a matched evidence map: week counts, exact WPI wording, medical restrictions, payment records, and a written pathway before the proposed stop 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.

If the insurer does not provide a complete worksheet immediately, build your own week ledger in parallel (paid week, amount, period covered, remittance reference). That single document often decides whether the stop date can be challenged in time.

Before sending anything critical, confirm the exact legal insurer and claims team details against the NSW insurer list and nominal insurer agents guide to reduce avoidable misdelivery delays.

Build a same-day section 39 evidence pack (simple, but powerful)

You do not need a perfect file on day one. You need a clean pack that shows you are organised, factual, and ready to challenge errors before the cutoff.

Document 1: insurer notice + any follow-up email or phone log (date/time/staff name/exact wording).
Document 2: your own week ledger (week ending date, amount paid, period covered, source record).
Document 3: treating evidence summary (diagnosis, functional limits, hours tolerated, restrictions).
Document 4: wage evidence bundle for PIAWE checks (ordinary earnings, overtime, allowances, second job where relevant).

Send one concise email to the insurer attaching this pack index and asking for a written response to each disputed point. This often narrows the dispute quickly and prevents later arguments about what was said.

SIRA section 39 weekly payments 260 weeks 20% WPI: answer first

If you are searching this phrase, the key point is that the section 39 exception is commonly framed as more than 20% WPI, not exactly 20% WPI. A safe response is to compare the notice with the actual impairment assessment, then ask the insurer to identify the counted weeks, proposed stop date and the evidence relied on for any serious-injury decision.

Keep the response factual: quote the assessment percentage exactly, attach the report or request a copy if you do not have it, and avoid describing yourself as a seriously injured worker unless the evidence and statutory pathway support that position.

SIRA section 39 notice: what the letter should make clear

A section 39 stop notice should be read against the actual claim file, not just the headline date. For CTR and answer-search intent, the core question is: does the notice explain the 260-week count, identify the proposed stop date, and show how the insurer treated any more-than-20% WPI or serious-injury evidence?

Notice item to check	Why it matters
Week-by-week worksheet	The 260-week limit depends on counted weekly-payment periods, so pauses, partial periods and disputed payments should be reconciled.
Exact WPI wording	More than 20% WPI is different from exactly 20% WPI. The assessment wording should be checked before relying on shorthand.
Serious-injury evidence	The notice may not tell the whole story if current impairment, capacity or treatment evidence was missing, outdated or misread.
Written review or PIC pathway	The safest response is usually a written, evidence-indexed challenge before the proposed stop date, using the pathway that fits the decision.

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.

In many files, the count dispute is not about one obvious arithmetic mistake. It is about whether paused payments, partial weeks, graded return-to-work periods, or administrative holds were counted consistently. Require the insurer to show a week-by-week basis and reconcile that against your own payment records.

If the same letter also makes a work-capacity finding, split your response into two streams: (1) week-count/section 39 challenge, and (2) capacity-evidence challenge. Running both in parallel reduces the risk that one unresolved issue is used to delay the other before the cutoff date.

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.

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.

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.

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.

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.

Practical tip: send a same-day email asking the insurer to confirm the legal entity, stop date, and full week-by-week worksheet in writing. That one email often exposes counting errors early and gives you a clean documentary trail if the matter escalates.

If any stop-date update is given by phone, treat it as unconfirmed until you receive written confirmation. Keep a short call log (date, time, staff name, exact wording) and reply by email the same day so the record cannot be reframed later.

When doctors disagree: use a one-page comparison table before the stop date

A common section 39 failure pattern is sending multiple medical reports without showing the insurer where they conflict. If one doctor says you can sustain part-time duties and another says your limits are tighter, build a one-page comparison table and send it with your evidence pack.

Column 1: report date and doctor name.
Column 2: specific restriction (hours, lifting, posture tolerance, travel tolerance).
Column 3: what objective finding supports it (exam finding, imaging, treatment response).
Column 4: why that point matters for week-count/capacity/threshold issues before 260 weeks.

Ask the insurer to identify in writing which opinion they rely on for each disputed issue. This often stops vague "capacity improved" assertions and makes escalation to PIC cleaner if needed.

Section 39 triage checklist before the stop date

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.

Key section 39 questions

Can weekly payments continue after 260 weeks under section 39?

Sometimes. Payments may continue if a statutory exception applies. The common threshold issue is more than 20% WPI, supported by current medical and impairment evidence.

Is 20% WPI enough for section 39 weekly payments?

Do not assume so. Exactly 20% WPI is different from more than 20% WPI. Check the actual assessment wording before relying on shorthand in a letter, email or phone call.

What should I do first after a section 39 notice?

Ask for the week-by-week count, confirm the stop date in writing, gather treating evidence, and choose the review or dispute pathway before payments are due to stop.

Can payment interruptions affect the 260-week count?

They can. Paused, resumed, partial or disputed payments should be reconciled against remittance records and the insurer worksheet before accepting the stop date.

What evidence helps with a section 39 dispute?

Useful evidence usually includes the notice, payment records, a week ledger, treating doctor restrictions, specialist reports, impairment material and wage records for any PIAWE or arrears issue.

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) 7233 3661