274Liability to be accepted and weekly payments commenced within 21 days

#### 274 Liability to be accepted and weekly payments commenced within 21 days 274 Liability to be accepted and weekly payments commenced within 21 days > > (1) Within 21 days after a claim for weekly payments is made the person on whom the claim is made must determine the claim by— > > > > > (a) accepting liability and commencing weekly payments, or > > > > > (b) disputing liability. > > > > Note. > > > > Section 283 makes failure to comply with this section an offence. Section 78 requires notice of a dispute to be given. > > > (2) An insurer can accept liability for weekly payments on a provisional basis for a period of up to 12 weeks determined by the insurer having regard to the nature of the injury and the period of incapacity. > > > (3) The acceptance of liability on a provisional basis operates to extend the period within which the claim must be determined until the end of the period for which liability has been accepted on a provisional basis. > > > > Note. > > > > This allows the insurer more time to determine liability while providing for the commencement of weekly payments on the basis of the provisional acceptance of liability. > > > (4) Liability cannot be accepted on a provisional basis under this section if the insurer is already making weekly payments on the basis of the provisional acceptance of liability under Division 1 when the claim for weekly payments is made. > > > (5) The acceptance of liability on a provisional basis does not constitute an admission of liability by the employer or insurer under this Act or independently of this Act. > > > (6) An employer is not required to determine a claim as provided by this section if— > > > > > (a) the employer has duly forwarded the claim to an insurer who the employer believes is liable to indemnify the employer in respect of the claim, and > > > > > (b) the employer has complied with all reasonable requests of the insurer with respect to the claim. > > > > Note. > > > > A claim forwarded to the insurer is taken to have been made on the insurer. > > **s 274:** Ins 2001 No 61, Sch 4.2 \[17\]. Am 2018 No 62, Sch 1.2 \[9\].