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What weekly payments can I get under WorkCover?
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What weekly payments will I receive?
A number of factors effect the weekly payments you will receive. These are:
- The amount of your pre-injury earnings
- The level of your incapacity
- The length of time you have received payments
- Whether or not your employer has offered suitable work
Your pre-injury earnings will be calculated under a strict formula contained in the WorkCover legislation. This is usually based on the average of your earnings with the employer over the 12 months prior to your injury. In exceptional cases, a shorter period can be used. Commissions, piecework rates and some allowances can also be included. Regular overtime can be included in the calculation but only for the first 26 weeks of payments. To continue to receive weekly payments you must continue to supply your employer with medical certificates every 28 days. Remember to complete the declaration on the rear of the certificate. For more information on the rates of payments click here for a fact sheet.
My weekly payment rate does not seem correct, what should I do?
Calculating your correct weekly payment rate can be quite complex. The definition of the two components "Pre Injury Average Weekly Earnings" (PIAWE) and the "Normal Number of Hours" take up many pages of the WorkCover legislation. It is common for a rate to have been incorrectly calculated.
In order to help you determine your correct rate, we recommend the following;
- Try to work out what stage of the weekly payment cycle you are in. Payments are reduced the longer you are in receipt of those payments and overtime is not included after the first 26 weeks. A change in your weekly payment rate could be due to a number of factors but you should always receive written advice about a change. Your weekly payment rate is calculated at the time of your injury based on your past earnings. It is indexed once a year on 1 July. This web site is a good starting point to understand the changes in weekly payment rates that can occur.
- If your payments are being made through your employer, contact your pay office and request details on how you are to be paid and the reason for any variation that may have occurred in your payments.
- If your query is not answered satisfactorily, contact your WorkCover claims agent and ask them to advise you how your weekly payments have been calculated. Specifically ask them to then advise you of the calculation of your PIAWE. Request that they send you a letter setting out the basis of their calculations.
- If you believe the calculation is incorrect, contact your claims agent and request an adjustment in your weekly payment. This is best done in writing - keep a copy of your letter.
- If your request is denied or ignored, you should refer the matter to the Accident Compensation Conciliation Service.
| If you are unsure whether you are receiving the correct weekly payment rate, contact WORKFORCE LEGAL on 1800 134 204 for an obligation free consultation of cost about your entitlements. |
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If you require individual advice
or require information about
WorkCover, entitlements
in other states phone
WORKFORCE LEGAL on
1800 134 204 for assistance.
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