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.
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.
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.
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 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 markus.fk@separoviclawyers.com for support. Separovic Injury Lawyers will then ensure that appropriate action is taken and that your weekly payments are kept safe.