Important disclaimer
The following information is provided for general guidance in the assessment of claim payments. It summarises the law and does not purport to be complete or applicable to every case.
The application of this information to any specific claim will be subject to consideration of all relevant provisions of the legislation. This information may refer to WorkCover NSW legislation that has been amended or repealed. When reading this information, always refer to the latest laws.
Information on the latest version of relevant laws can be found at the NSW Legislation website, or contact WorkCover NSW on 13 10 50.
What benefits is an injured worker entitled to?
Depending on the individual claim and the type, nature and severity of the injury, an injured worker may be eligible for the following benefits:
Legislation
Benefits are payable under the following Acts:
- Workplace Injury Management and Workers Compensation Act 1998
- Workers Compensation Act 1987
- Workers Compensation Act 1987 (re 1926 Act)
- Workers Compensation (Dust Diseases) Act 1942.
The legislation provides different amounts of benefits depending on the period of incapacity, the date of the injury and the date the claim was lodged.
Most provisions of the Workers Compensation Act 1987 came into force on 30 June 1987 and apply to injuries from that date. Most injuries prior to 30 June 1987 are covered by the provisions of the former Workers Compensation Act 1926, which has been repealed. The Workers Compensation Act 1987 has special rules to ensure that benefits payable under the former Workers Compensation Act 1926 continue to apply, with appropriate adjustments.
In the above linked pages and attached PDFs, the Workers Compensation Act 1926 is referred to as the Workers Compensation Act 1987 (re 1926 Act).
Workers who contract a dust disease, including asbestosis and silicosis, are covered by the provisions of the Workers Compensation (Dust Diseases) Act 1942 – as are their dependants.
Changes in compensation benefits and other related payments can arise from the indexation (or other price-level adjustments) of benefit levels, or amendments to the Acts associated with workers compensation in NSW.
The indexation of workers compensation benefits commenced on 1 April 1978 and has continued under the Workers Compensation Act 1987. Currently, benefits are indexed on 1 April and 1 October to reflect movements in the ABS Wage Price Index.
The index number used to calculate workers compensation benefits on and from 1 October 2008 to 31 March 2009 was 212.1. The new index number used for calculating workers compensation benefits on and from 1 April 2009 to 30 September 2009 is 216.4. This represents a 2.03 per cent increase on the 1 October 2008 index number.
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