What is a Form 5 notice?
A Form 5 notice, otherwise known as a ‘notice to worker of intention to discontinue or reduce payments’ has the effect of allowing the insurer to legally stop your payments without further notice to yourself.
Can the insurer cut my payments?
Yes, they can.
Pursuant to Section 61 of the Workers’ Compensation and Injury Management Act 1981 (WA) the insurer can cut your payments if they serve you with a valid Form 5 notice and if you do not lodge a responsive WorkCover application within 21 days of being served with a Form 5 notice.
Why do insurers issue Form 5 notices?
Issuing a Form 5 notice is one of the most convenient ways to cut workers payments without the insurer having to apply for orders from WorkCover. All it takes is for the insurer to serve the Form 5 notice, wait 21 days and if there is no responsive WorkCover application lodged on behalf of the worker, the insurer can legally cut your payments. The 21 days counts from the date of service and this includes all public holidays.
The Christmas break is a popular time for families to go away and also a dangerous time for unattended letterboxes and Form 5 notices. Historically, insurer's have used this time strategically to issue Form 5 notices in the hope that uninformed injured workers will not respond to the notice and then be cut off weekly compensation payments.
What should I do if I get a Form 5 notice?
1. Tell your personal injury lawyer that you have received a Form 5 notice as soon as possible.
2. Keep the original Form 5 notice, including the envelope, and everything inside of it. Your lawyer will require this information and use it as evidence in your case.
Separovic Injury Lawyers - Keeping Your Weekly Payments Safe
Separovic Injury Lawyers will close over the festive break from 24 December 2021 and return to work on 10 January 2022. If you receive a Form 5 notice during this period, please immediately email firstname.lastname@example.org for support. Separovic Injury Lawyers will then ensure that appropriate action is taken and that your weekly payments are kept safe.