Weekly compensation replaces 80% of your income while an ACC covered injury prevents you from engaging in your pre-injury employment. So, when ACC decides to stop it, the effect can be significant, immediate and stressful — often at the worst possible time. If your weekly compensation has been cut off and you don’t believe ACC has made the correct decision, then you can challenge it.

There are serveral circumstances where ACC can decide to stop paying weekly compensation. These include where ACC concludes:

  • You are no longer incapacitated, and you are fit to return to your pre-injury employment.
  • You continue to be incapacitated for your pre-injury employment, but that incapacity is no longer caused by your ACC covered injury(ies)
  • You have unreasonably non-complied. This may occur where ACC concludes that you have unreasonably refused or failed to comply with a requirement under the Accident Compensation Act 2001, or an Individual Rehabilitation Plan (‘IRP’), or to undergo medical or surgical treatment.
  • You are vocationally independent. Where ACC considers that your covered injuries prevent you from returning to your pre-injury employment it can put you through the vocational independence process. This includes a vocational independence occupational assessment and vocational independence medical assessment. Where ACC determines that there is one or more job types that you possess the vocational skills and qualifications for and that your covered injuries do not preclude you from undertaking that work type for 30 hours or more a week, ACC will likely conclude that you are vocationally independent. After making such a finding your weekly compensation will continue for a maximum of three months.

Where a review makes the difference

Any decision declining or stopping weekly compensation can be challenged by filing a review. It is important to seek advice at an early stage. There are time limits that apply and there are different legal tests applicable to the different types of decision that ACC makes. The review provides the opportunity to argue that ACC’s decision is factually, legally, or procedurally wrong, and should be overturned. It is likely further medical or other evidence will be required to give your case the best prospect of succeeding. Where the reviewer agrees and finds against ACC, weekly compensation is usually reinstated and backdated to when it was stopped.

The takeaway

A decision to stop your weekly compensation isn’t automatically correct — it’s built on assessments and processes that can be questioned. If you don’t believe ACC’s decision is correct, seek and obtain good legal advice as soon as possible.

This is an illustrative scenario for general guidance only. It is not a description of a specific client’s case, legislative provisions can change, and every claim turns on its own facts.