Glossary
Provisional liability
An insurer's early decision to start paying benefits before a work injury claim is fully investigated or accepted.
Also called: provisional acceptance · provisional payments
Definition
Provisional liability lets an insurer begin paying benefits quickly, before a work injury claim has been fully investigated or formally accepted. In the NSW workers compensation scheme, the insurer is expected to start provisional weekly payments soon after being notified of the injury, unless it has a reasonable excuse not to. Provisional payments can cover weekly income support for a limited period and a capped amount of medical expenses. Starting payments on a provisional basis is not an admission of ongoing liability; the insurer can still make a full determination on the claim later.
In practice
Provisional liability is what allows income support and early treatment to begin while a claim is still being assessed, which matters most in the first weeks after an injury. This is often when a workplace rehabilitation provider is engaged. Nexus uses that window to coordinate early return-to-work planning and liaise with the worker's nominated treating doctor, without waiting for the final liability decision. Nexus does not make or influence the liability decision itself.