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Weekly payments under the Workers Compensation Act NSW

If as a result of an injury at work you are either unfit for work or not fit for your normal duties, you may be entitled to weekly payments of compensation if you are suffering a loss of earnings.

Definitions; (AWE) means the workers pre injury average weekly earnings. Average weekly earnings includes ordinary earnings plus overtime and shift allowance (however overtime and shift allowance is only to be taken into account when determining the AWE for the first 52 weeks).

Definitions; (MAX) is the maximum amount which can be used to calculate pre injury average weekly earnings. At present the maximum amount is $1,999.30 per week. If your pre injury average weekly earnings is more than $1,999.30 the insurer will use $1,999.30 to calculate your entitlements. This amount is increased in April and October each year.

Definitions;
(D) means the sum of the value of any non monetary benefit such as a car, phone or accommodation allowance.
(E) is the workers earnings after injury calculated as whichever of the following is the greater amount:

(a) The amount the worker is able to earn in some suitable employment; or
(b) What the worker is currently earning in some suitable employment

Weekly payments when certified unfit for work:

Payments for the first 13 weeks

For the first 13 weeks where you are unfit to work, your weekly payment is based on 95% of your average weekly earnings (AWE) up to a maximum weekly compensation amount (MAX).

Payments from 14 to 130 weeks

From 14 to 130 weeks of weekly compensation where you remain certified unfit for work you are entitled to receive 80% of your AWE (up to the MAX).

Payments from 131 to 260 weeks

Between 131 weeks (2 years) to 260 weeks (5 years) the insurer will conduct a Work Capacity Assessment. If the insurer finds that you have no current work capacity and that this is likely to continue indefinitely, you will receive weekly payments of 80% of your AWE (up to MAX) – D.

To receive ongoing benefits after 130 weeks the worker must request ongoing benefits in writing from the insurer before the end of the 130 week period. The insurer must then undertake a Work Capacity Assessment which must be performed during the last 52 weeks of the period from 14 to 130 weeks.

After 260 weeks (5 years) of weekly payments

Weekly payments of compensation will cease after 5 years unless your level of whole person impairment is greater than 20%. You also must be assessed by the insurer as having no work capacity and likely to continue indefinitely to have no work capacity.

Therefore if you have an assessment of 21% or greater you are entitled to weekly payments of compensation at 80% of the AWE (up to MAX) – D until your commonwealth statutory retirement age. For most people the commonwealth statutory retirement age is now 67.

Weekly payments when certified fit for suitable duties

The amount payable for weekly compensation is different if you are certified fit for suitable duties by your nominated treating doctor or are found by the insurer who undertakes a work capacity assessment as being fit for suitable work.

Payments for the first 13 weeks

For the first 13 weeks your weekly payments are calculated as 95% of AWE (up to MAX) less (E) and (D).

Payments from 14 to 130 weeks

From 14 to 130 weeks where you are certified fit for suitable duties and if you continue to be certified fit for suitable duties and you have not returned to work for at least 15 hours per week, you are entitled to 80% of AWE (up to MAX) less (E) and (D).

If you are fit for suitable duties and you have returned to work for at least 15 hours per week then you are entitled to 95% of AWE (up to MAX) less (E) and (D).

Payments from 131 to 260 weeks

If at 130 weeks you are fit for suitable duties, to receive any weekly compensation you must:

  1. Have completed an application to continue to receive weekly payments after 130 weeks form and sent it to the insurer.
  2. You must be working 15 hours or more per week and earning at least $176.00 per week (indexed annually) and have been assessed by the insurer under a Work Capacity Assessment as being likely to continue indefinitely to being capable of undertaking further additional employment or work that would increase your earnings.

If you are fit for suitable duties and are not working 15 hours per week and earning at least $176.00 then your weekly benefits will stop. If you are working at least 15 hours per week and the insurer accepts through the Work Capacity Assessment that you are incapable of undertaking further additional employment then you are entitled to receive 80% of AWE (up to MAX) less (E) and (D).

If your level of whole person impairment is greater than 20%then you receive weekly payments as above even if you are not working 15 hours per week..

Payments after 260 weeks (5 years) of weekly payments

Weekly payments of compensation will cease after 5 years unless your level of impairment is greater than 20%.

Weekly payments are then payable at 80% of your average weekly earnings (up to the MAX) less (E) + (D) until statutory retirement age.

Conclusion

As can be seen from above, the amount of weekly payments of compensation payable under the Act is complex and is determined by whether or not you are unfit for work or fit to undertake suitable employment.

At 130 weeks of compensation, the insurer must have undertaken a Work Capacity Assessment as to whether or not you are fit or unfit for work. This Work Capacity Assessment essentially overrides the WorkCover Medical Certificates you have been obtaining from your nominated treating doctor. After 130 weeks the insurer must determine through the Work Capacity Assessment that you are either unfit for work or only fit for suitable duties and are indefinitely incapable of increasing your hours of work.

Importantly when you have received weekly compensation up to 260 weeks (5 years), all benefits will cease unless you have a whole person impairment of greater than 20%. For the vast majority of workers therefore payments will cease at 130 weeks (2 years) when the insurer conducts a Work Capacity Assessment as most assessments will find that workers can undertake at least 15 hours work per week. If you do not then find employment of at least 15 hours per week, your benefits will cease.

Should you have any questions in relation to weekly payments of compensation please do not hesitate to contact us on (02) 8518 1120 or info@garlingandco.com.au.

About Matthew Garling

Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.

Zee
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and Co.read more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
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Zee
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and Co.read more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
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