If a worker has been in receipt of payments and it is subsequently established that s/he has been working and not entitled to compensation, can the insurer recover that over payment and how?

Yes. The insurer can apply to the Workers Compensation Commission for an order for repayment and the WCC can order repayment of payments for a period not exceeding two years (or any longer/shorter period it considers appropriate). The repayments can be deducted from future payments or recovered as a debt in a court of competent jurisdiction.

This publication is not legal advice.  It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.