What weekly payments are payable by the insurer?

The following table outlines the weekly payments that are payable and for what period under the Workers Compensation Act.

Section Period Capacity Entitlement
35 Definitions "AWE" means the worker’s pre-injury average weekly earnings.

“D" means the sum of the value of each non-pecuniary benefit such as a car or accommodation allowance.

"E"  the worker’s earnings after the injury, calculated as whichever of the following is the greater amount: (a) the amount the worker is able to earn in suitable employment or;
(b) the workers current weekly earnings.

"MAX" means the maximum weekly compensation amount currently $1,838.70
36 “First entitlement period” is from 0 to 13 weeks of compensation payments (1) If no current work capacity

(2) If current work capacity
95% Average weekly earnings (AWE) (up to the MAX) - D

95% AWE (up to MAX) less (D – E)
37 “Second entitlement period” is from 13 to 130 weeks (2.5 years) of weekly compensation payments

Note: After first 52 weeks of payments AWE does not include overtime
(1) If no current work capacity

(2) If current work capacity and worker has returned to work for at least 15 hrs pw 95% AWE (up to MAX)

(3) If current work capacity and worker has returned to work for less than 15 hrs pw or has not returned to work
80% AWE (up to MAX)

95% AWE (up to MAX) - (E+D)

80% AWE (up to MAX) - (E+D)
38 After 130 weeks (2.5 years) to 5 years (260 weeks)

Workers’ payments cease after 130 weeks unless has entitlement under this section.

The worker must request ongoing benefits in writing before the end of the 130 weeks to continue to be entitled to weekly compensation.

AND

Insurer must ensure a WORK CAPACITY ASSESSMENT is conducted during the last 52 weeks of the second entitlement period and then at least once every 2 years unless the worker is a seriously injured worker.
1) If no current work capacity and likely to continue indefinitely to have no current work capacity
(2) (a) If a worker has a current work capacity and has applied to the insurer in writing (by approved form) for continuation of payments and
(b) worker has returned to work in self employment or other employment for not less than 15 hours pw and has current weekly earnings of at least $175 gross pw and
(c) worker is assessed by insurer as being, and as likely to continue indefinitely to be, incapable of undertaking further additional employment or work that would increase the worker’s current weekly earnings.
80% AWE (up to MAX) - D 80% AWE (up to MAX) - (E+D).

Note that after first 52 weeks of incapacity AWE does not include overtime payments, shift allowances, bonuses or penalties.
39 5 years (260 weeks) to Commonwealth statutory retirement age. Only applies to injured workers whose injury results in permanent impairment of greater than 20% WPI or more. If the percentage of WPI is 20% or less weekly payments cease at 5 years.