Once your claim is accepted and if you are unable to work due to your injury, your employer is required to pay weekly compensation payments on your normal pay day and in the normal pay manner. Penalties apply when employers do not make payments on the regular pay day.

There are two methods of calculating weekly workers’ compensation payments, depending on whether or not you work under an award agreement (including enterprise orders, collective agreements and enterprise bargaining agreements).

For the first 13 weeks:

  • you will receive the rate of weekly workers’ compensation payments payable under your industrial award
  • you will receive any over-award or service payment paid to you on a regular basis
  • you will receive the overtime bonuses and allowances paid to you over the 13 weeks prior to your injury

From week 14 onwards:

  • you will receive the rate of the weekly workers’ compensation payments payable under your industrial award
  • you will receive any over-award or service payment paid to you on a regular basis
  • you will receive any other allowance prescribed by the regulations
  • you will not receive any other allowances, overtime or bonuses

For the first 13 weeks:

  • you will receive an average of the payments (including overtime, bonuses and allowances) paid to you over the 12 months prior to your injury, and in the employment in which you were injured
  • if you have been employed for less than a year, your earnings will be averaged over the lesser period

From week 14 onwards:

  • your weekly payments will ‘step down’ to consist of 85 per cent of your average weekly earnings.

For more information, contact Advice and Assistance on 1300 794 744.

There is a limit on the amount of weekly payments you can receive when you are on workers’ compensation. The maximum weekly amount is set at twice the ‘average weekly earnings’ as calculated by the Australian Bureau of Statistics and this amount is reviewed each year.

A limit also applies to the amount of compensation you can receive in total. The maximum amount of compensation you can receive during the life of your claim, in terms of weekly payments for loss of earnings, is called the prescribed amount. An extension may be available to some workers permanently unable to work.

Your weekly payments may be reduced or cease if:

  • you have returned to work
  • you give your consent for them to stop
  • your treating doctor has certified you totally or partially fit to return to work
  • your workers’ compensation claim is finalised through a settlement
  • you register to pursue a common law claim
  • you have reached the maximum limit on your entitlement to weekly payments.

Your employer may lodge an application with the Workers’ Compensation Conciliation Service to temporarily suspend weekly payments if you:

  • do not comply with your Return to Work Program
  • fail to attend a medical review arranged by your employer or their insurer
  • are in custody or serving a term of imprisonment.

If you have any concerns about your weekly payments being discontinued, suspended or reduced, contact Advice and Assistance on 1300 794 744.