First 13 weeks
During this period, you will receive 95% of your pre-injury average weekly earnings if you are unable to work. You may be entitled to an additional payment (called make-up pay) under your industrial award or work contract. If you are able to work in this period your weekly payment may be reduced because of your earnings or in rare cases by the amount you are notionally able to earn in suitable employment. The payments are currently capped at a maximum amount of $1,250.00.
After 13 weeks
If you are unable to work at all you will continue to receive weekly payments, but at a lower rate of 75% of your pre-injury earnings. If you are entitled to "make up pay" for a longer period than 13 weeks this may be increased to offset the reduction in your payments. If you are capable of undertaking some work, but are not working you will receive a payment based on 75% of your pre injury earnings. If you are working in this period, your earnings will reduce your payment. The maximum part payment you can receive if you are working is $1,250.00 less 75% of your current weekly earnings.
Overtime and first 26 weeks of weekly payments
If you were paid for overtime prior to the injury and were likely to have continued to do overtime during the 26 week period after the injury, you are entitled to receive additional pay in the first 26 weeks. This is calculated by dividing the total of the amounts paid to you for overtime or as a shift allowance (as the case may be), during the 12 month period prior to the injury (or lesser period if you have not worked a full 12 months prior to the injury), by the number of weeks in the same period, which you in fact worked or were on annual, sick or other paid leave.
Partial Payment on Return to Work Before 130 Weeks
If you return to some work but remain partially incapacitated, you will receive a partial payment which is calculated on a very complicated basis. The formula upon which this past payment is based, is as follows:
- 75% of your post injury wage is calculated (Your earnings amount)
- This earnings amount is subtracted from 75% of your pre-injury earnings (this was the basis of your later weekly payments under strict WorkCover provisions which exclude overtime etc after 26 weeks)
- If your pre-injury earnings calculated above exceed $1,250.00 then for this purpose your pre injury earnings are capped at this amount.
- Your payment is the difference between 75% of your earnings amount and 75% of your pre-injury earnings amount.
Example
Joel is a truck driver whose pre-injury earnings under the WorkCover formula were $950. 75% of this equals $712. Joel has returned to work earning $600 a week as a taxi driver. 75% of $600 is $450.
The partial WorkCover entitlement is therefore $712 - $450. The partial WorkCover payment is therefore $262 per week. Joel's total income is $862.00 per week.
After 130 weeks (2 ½ Years) (For injuries prior to 1 January 2005 this occurs at 104 weeks -2 Years)
Long-term weekly payments are only payable if you are assessed as having "no work capacity" which is likely to "continue indefinitely". This test sounds very severe, but the law requires the WorkCover Authority to take into account your age, your employment skills and the state of the employment market in determining if you meet the test. If you meet this test, you will continue to receive weekly payments based on 75% of your pre-injury earnings.
If you are assessed as having a capacity for employment, your weekly payments will cease unless you are:
- Actually in employment for more than 15 hours a week, and
- Earning more than $146.00 per week, and
- Incapable of undertaking more work.
If you come within this category, you will receive a partial payment on top of your earnings. You will be entitled to receive the lesser of 75% of your pre-injury earnings less 75% of your current weekly earnings or $1,250.00 less 75% of your current weekly earnings.
Long Term Weekly Payments
Even if you have been classified as having 'no current work capacity indefinitely', WorkCover will continually review your entitlement to assess whether you still meet the eligibility for those payments.
If you are accepted as having 'no current work capacity indefinitely' into the future, you will continue to receive your payments of compensation until 'the normal retirement date' in your industry or age 65, whichever occurs first. Because it is almost impossible to establish the existence of any normal retirement date in a particular industry, it is usual for these weekly payments to be made until age 65.
Where somebody is injured within 130 weeks of the ' normal retirement date ' (or age 65), weekly payments still continue for the 130 week period. If someone is injured after age 65, they also continue for that period.
|
|
|
| |
If you require individual advice
or require information about
WorkCover, entitlements
in other states phone
WORKFORCE LEGAL on
1800 134 204 for assistance.
|
|
|
|