The Week 130 Milestone: WPI and Beyond

Section 39 — week 130 and week 260

Under the NSW Workers Compensation Act 1987, section 37 governs weekly payments from week 14 to week 130. After week 130, weekly payments continue only if the worker meets the continuation tests in the Act, and section 39 stops them at week 260 unless the worker has permanent impairment of more than 20%. The threshold wording matters — it is "more than 20%", so 20% WPI does not qualify, 21% does.

This section was introduced by the 2012 reforms and has been the single most significant change to long-term entitlements in the NSW scheme. It is why WPI assessment becomes the central question from about week 104 onwards — approximately two years in — in most long-running claims.

How Whole Person Impairment is assessed

WPI is assessed under the AMA Guides to the Evaluation of Permanent Impairment, 5th edition, as modified by the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment. Only stable, permanent impairment counts — your condition has to be at "maximum medical improvement" first. For a recently injured back, that usually means 12 to 24 months post-injury before a meaningful WPI figure can be measured.

A trained, accredited WPI assessor measures the impairment of each injured body system — spine, upper limb, lower limb, mental and behavioural, and so on — and combines the physical results using the Combined Values Chart in the AMA Guides. Psychological injury is assessed separately under a different clinical instrument (the PIRS scale), and physical and psychological impairment are never combined.

You only get one shot at a WPI claim for the same injury. Once a section 66 assessment is made and accepted, you cannot reopen the figure except in narrow circumstances. That is why preparation matters — the assessment has to happen at the right time and with the right specialist.

The two pathways beyond week 130

Pathway A — more than 20% WPI. Weekly payments can continue past week 260 under section 39, as long as you meet the continuation tests after week 130. Medical expenses continue for life under section 59A. A section 66 lump sum for permanent impairment is payable on the WPI figure. Common-law damages through section 151H remain an option if the 15% threshold and negligence can be established.

Pathway B — 20% WPI or less. After week 130, weekly payments continue only if you meet the continuation tests, and they stop at week 260 at the latest. A section 66 lump sum is payable if WPI is more than 10% (physical) or at least 15% (primary psychological). After weekly payments stop, medical expenses continue for 2 years (10% WPI or less) or 5 years (11–20% WPI) under section 59A, and some aids and modifications are exempt from the limit. If WPI is at least 15%, common-law damages under section 151H remain available subject to proving negligence.

If you want advice on the lump sum, the ongoing medical cover and the common-law option together, we put you in touch with a compensation lawyer, so the decision about timing is made with the full picture, not piecemeal.

One more pathway often missed at week 130 — Total and Permanent Disability (TPD) cover inside your super. Most Australians hold default TPD cover through their super fund, and it pays a lump sum independently of WorkCover. If the week 130 decision is pointing towards permanent incapacity, TPD is usually available in parallel with section 66, and you can often claim across multiple super funds. A lawyer can pull the policies and work it out — see the full walkthrough or try the TPD payout estimator.