NSW workers compensation blog

Section 39 NSW weekly payments: 260 weeks and more-than-20% WPI

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.

Q: Is section 39 the same as a compensation to relatives or death benefit claim?

No. Section 39 is about the duration of weekly payments after 260 weeks. Death benefit and compensation to relatives claims are different NSW workers compensation entitlements and should be assessed under the death benefit pathway, not treated as a section 39 issue.

If your insurer says weekly payments will stop under section 39, treat it as an urgent dispute event. This guide shows how to read a section 39 NSW stop notice before weekly payments end at 260 weeks, including the exact WPI assessment wording, serious-injury status, insurer worksheet and review or PIC pathway.

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 NSW weekly payments after 260 weeks, but payments may continue where an exception applies, including where the worker is accepted as a seriously injured worker because the impairment evidence is more than 20% whole person impairment. The threshold check should be document-led: confirm the counted paid weeks, the proposed stop date, and the exact WPI wording, not exactly 20% or a vague “20% WPI” shorthand.

Quick orientation for the Section 39, 260 weeks and more-than-20% WPI issue

The first screen of the file should answer four questions: has the insurer counted 260 paid weeks correctly, does the accepted WPI evidence say more than 20%, is there written serious-injury status or a live pathway to prove it, and what review or PIC step must be taken before the proposed stop date?

Section 39 stop-notice checklist

Use this Section 39 checklist before accepting a weekly-payment stop date. Match the insurer notice to the 260-week worksheet, quote the exact WPI assessment wording, then identify the written review or PIC pathway before the proposed cessation date.

1. Stop notice
2. 260-week worksheet
3. Exact WPI wording
4. Review or PIC path

Section 39 weekly payment review documents showing the 260-week worksheet, WPI material and review pathway before a proposed stop date. — Check the stop notice against the worksheet, exact WPI wording and dispute pathway before treating the 260-week date as final.

Treat a section 39 notice as a document-check problem before treating it as a final outcome. Ask the insurer for the paid-week worksheet, the proposed stop date, the WPI report relied on, and the written review or PIC dispute pathway that applies if you disagree.

Before the 260-week stop date, lock the live issue

In many section 39 files, the urgent issue is not every possible entitlement at once. It is whether weekly payments can lawfully stop on the nominated date. Put that question in writing, quote the exact WPI percentage, ask how the insurer applied the more-than-20% threshold, and reserve separate issues such as PIAWE arrears, work capacity or Section 66 lump-sum compensation so the stop-date dispute is not blurred.

First written response to a section 39 stop notice

A practical first request is: “Please provide the section 39 notice, the week-by-week calculation showing how 260 weeks were counted, the proposed stop date, the WPI assessment relied on, and your written position on whether the worker is accepted as more than 20% WPI for weekly-payment purposes.”

Keep the request narrow and evidence-based. It avoids relying on a phone summary, and it separates the weekly-payment cutoff from any separate Section 66 lump-sum WPI question.

Three records to check before the stop date

Paid-week worksheet: it should show how 260 weeks were counted, including paused, partial or disputed payment periods.
Exact WPI wording: quote the accepted assessment exactly, especially if it says 20%, exactly 20%, or more than 20% WPI.
Written pathway: identify whether the next step is an insurer review, work-capacity pathway, or PIC dispute before the proposed stop date.

Plain-English threshold check for 20% WPI searches

For Section 39 weekly payments, do not reduce the issue to “20% WPI” in a request or review letter. Write the threshold as more than 20% whole person impairment, quote the assessment percentage exactly, and ask the insurer to identify the report and statutory pathway it relied on before treating the 260-week stop date as final.

If the notice says payments stop because you are not above the threshold, your answer should ask for three precise records: the accepted WPI percentage, whether that assessment is final or disputed, and the written reason the insurer says the Section 39 exception does or does not apply. That makes the response safer than arguing from the shorthand phrase “20% WPI”.

If the stop notice does not attach the records

Do not guess the answer from the notice heading alone. Ask for the week-by-week 260-week worksheet, the WPI assessment relied on, and the written reason the insurer says Section 39 applies. If those records are missing, your first response can say the stop date cannot be checked properly until the insurer provides the documents it relied on.

Answer-first wording for a Section 39 stop notice

A conservative written response is: “Please confirm the proposed Section 39 stop date, provide the week-by-week 260-week calculation, identify the impairment assessment relied on, and state whether the accepted assessment is more than 20% WPI for weekly-payment purposes.” Keep that request separate from any lump-sum, PIAWE, arrears or work-capacity dispute so the stop-date issue stays clear.

Do not let partial payments blur the 260-week count

If payments were paused, reduced during a return to work, reinstated after a dispute, or paid late in arrears, ask the insurer to show how each period was counted toward 260 weeks. For a Section 39 NSW weekly-payments stop notice, the safest review letter identifies the disputed weeks, attaches the matching remittance or payslip records, quotes the exact WPI wording, and asks for the corrected stop date in writing before the proposed cutoff.

When the Section 39 stop notice needs urgent escalation

Escalate quickly if the notice gives a stop date but no worksheet, treats exactly 20% WPI as if it were more than 20%, ignores a current seriously injured worker assessment pathway, or bundles the cutoff with a separate work-capacity decision. Those are document gaps, not minor wording issues, and they should be answered before weekly payments stop where possible.

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. Use the current notice, assessment and claim file before deciding what step applies.

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.

If you were looking for compensation to relatives or death benefits

Section 39 is not the NSW death-benefit or compensation-to-relatives pathway. It is about how long an injured worker's weekly payments can continue after the 260-week point, and whether the more-than-20% WPI exception or another written pathway applies. If the worker has died, the file should be checked under the separate death benefit claims guide, including dependency evidence, funeral expenses and apportionment issues, rather than this weekly-payment cutoff page.

The practical triage question is simple: if the document in front of you is a section 39 notice, focus on the 260-week count, exact WPI wording and stop-date dispute. If the document concerns a fatal injury or family entitlement, use the death-benefit pathway and do not let section 39 language distract from the different statutory test.

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.

If the insurer says a worker is “near”, “at” or “over” the threshold, ask for the exact accepted percentage and whether that assessment is being applied to section 39 weekly payments. Keep this separate from lump-sum WPI, work-capacity and arrears questions so the 260-week stop date is not missed while other issues are investigated.

How to read the WPI report for a Section 39 notice

Do not rely only on the percentage typed into an insurer email. Check the actual impairment assessment, the injury/body-system findings it includes, whether the assessment is accepted or disputed, and whether the wording is being used for the Section 39 weekly-payment exception. If the report is unclear, compare it with the WPI assessment guide and ask the insurer to identify the exact report relied on before the stop date.

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.

What section 39 does, and does not, decide

Section 39 is about the duration of weekly payments. It does not decide whether treatment expenses are payable, whether a Section 66 lump-sum WPI claim can be made, or whether a different dispute such as a work-capacity decision is correct. Those issues may sit beside the 260-week cutoff, but they should be recorded separately so the section 39 stop-date response stays precise.

It is also separate from fatal-injury entitlements. If the real issue is a death claim or compensation to relatives, use the NSW death benefit claims guide instead of treating a section 39 weekly-payment notice as the answer. Section 39 does not decide funeral expenses, dependency evidence, apportionment between dependants, or whether a statutory death benefit is payable. The safer triage question is: “Is this about ongoing weekly payments after 260 weeks, or a different statutory entitlement?”

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.

What a section 39 notice should let you check

A useful section 39 notice should make the payment decision understandable enough to review. Check whether it identifies the proposed stop date, explains the 260-week calculation, states the WPI material relied on, and tells you what written step is available if you disagree. If the notice does not show those basics, ask for the missing records before treating the stop date as final.

Keep the request narrow. You are not asking the insurer to re-argue every issue at once; you are asking for the documents needed to compare the notice with section 39, SIRA's notification standard, and the actual impairment evidence.

Snippet answer: SIRA section 39 weekly payments, 260 weeks and 20% WPI

Section 39 is the NSW weekly-payment cutoff rule after 260 weeks. For a worker near 20% WPI, the document-safe answer is to verify whether the assessment says more than 20% WPI, check how the insurer counted the 260 paid weeks, and respond to the notice using the written review or PIC pathway that fits the decision.

If a notice, email or search result says only “20% WPI”, do not treat that phrase as the legal answer. Ask for the exact assessment percentage and the document the insurer relied on, then separate the Section 39 weekly-payment issue from any separate lump-sum WPI or work-capacity dispute.

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 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 supporting documents 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.

One-page response structure

State the proposed stop date and say it is not accepted until the 260-week count and WPI material are checked.
Ask for the week-by-week payment worksheet and the exact WPI report relied on.
Quote the accepted WPI percentage, especially if the file uses “20% WPI” shorthand.
Nominate the review or PIC step you will use if the insurer maintains the stop date.

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.

Is section 39 the same as a compensation to relatives or death benefit claim?

No. Section 39 is a weekly-payment duration rule. If the question is compensation to relatives, funeral expenses, dependency evidence or a statutory death benefit, use the death benefit claims pathway and keep that issue separate from any 260-week weekly-payment notice.

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.

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