Workers compensation claims: should you challenge a S78 notice?
Worker's Compensation
3 February 2026
What is a Section 78 notice?
A Section 78 Notice is a written decision made by the insurer outlining the reasons to decline your claim and/or medical expenses. A Section 78 Notice will include documents that the insurer has relied on to arrive at their decision.
It is important to note that if you are told over the phone by the insurer that they are declining your claim and/or medical expenses the insurer must put their decision in writing in the form of a Section 78 Notice.
It is vital that the insurer provides you with a Section 78 Notice as you need it to challenge the insurers decision.
Always ask for a written Section 78 Notice if your Claim is Declined
Often, insurers will delay sending out Section 74 Notices, which means that the injured worker cannot challenge the decision and will not receive their weekly payments or have treatment expenses paid.
If you have not received a Section 74 Notice and you have been informed that the insurer has declined your claim and/or medical expenses you should ask the insurer to provide you with a written Section 78 Notice.
Can I challenge the insurer's decision?
Yes… it is suggested that you seek the expertise of a lawyer when challenging the decision of a Section 78 Notice. The first option to get the decision changed is to apply for an internal review. However, we find that this is generally a pointless process as we have rarely, in all our years of practice seen an insurer change their decision after an internal review.
The second option is to have the insurer’s decision reviewed by the Personal Injury Commission (PIC). This is the most effective method of review, and your lawyer will assist you with this process. Often, insurers decline your claim on the smallest bit of information that is beneficial to the insurer, even though it is quite clear that your injury is work related, or your treatment is reasonably necessary.
It is also important to remember that insurers are companies designed to make a profit. So, if they can decline your claim at the first instance, they will. Often the decision to decline a claim is largely unfounded, which is why we look at challenging the insurer’s decisions.
At Garling & Co we have challenged hundreds of decisions to stop weekly payments or refuse medical treatment and our success rate is almost 100%.
If you would like to discuss your claim, please do not hesitate to contact us as follows;
- Complete our FREE case assessment form HERE
- Email us at
- Give us a call on (02) 8329 9500 and talk to our specialised lawyers
Insurance companies and their employees won’t tell you everything you need to know to get all the compensation you’re entitled to. You need to fight back by arming yourself with all the knowledge you can. Read this 6-point guide which will help you understand your rights and entitlements under Workers’ Compensation legislation when making a successful claim for work injury compensation or damages.
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I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.