3.4.2 Unreasonable delay

If the Magistrates’ Court or County Court considers an employer or Agent has caused an unreasonable delay to pay compensation to a worker, the Court may direct the amount of compensation payable under the legislation. For weekly payments, the amount may be increased by the court by up to 10% of the total amount of the weekly payments accrued.

An example of an unreasonable delay which may cause an increase in weekly payments is when an Agent fails to pay compensation after the court has determined the matter.

The worker may also be entitled to interest for late or outstanding weekly payments.

If a court determines that the employer caused an unreasonable delay, the employer may be required to pay an amount equivalent to the increase paid by the Agent as if it were a premium payable under the legislation.

Only a court can make a determination that an unreasonable delay has occurred and direct that an increased amount of compensation is paid.

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