6.5.5 Provisional payments and employer excess

No liability for medical excess where worker entitled to provisional payments

Where the worker is entitled to provisional payments for a mental injury, no medical excess is payable by the employer for the entire claim for the life of the claim, even where the mental injury component of the claim subsequently resolves. No medical excess is payable where there is a concurrent physical and mental injury. However, this does not include where a secondary mental injury develops after the claim has been determined – for those scenarios refer to WorkSafe’s secondary mental injury policy.

When a worker receives medical and like treatment for their claimed mental injury under a provisional payments entitlement, invoices and receipts for this treatment should be sent directly to the Agent for payment. If a worker provides the invoices to their employer, the employer should advise them that these need to be provided to the Agent.