Benefits to injured workers who are totally unfit to work
For the first 26 weeks that a worker is totally unfit for work (total incapacity), the workers compensation payments are at the award rate or enterprise agreement rate of pay, capped at a maximum weekly amount. Overtime, shiftwork, payments for special expenses and penalty rates are excluded.
For casual workers not employed under an award rate, workers compensation payments are based on what the worker earned over the past 12 months.
After 26 weeks of total incapacity, the workers compensation payments are at the statutory rate, which varies if the worker has a dependent spouse and/or children.
The maximum benefits payable to injured workers who are totally unfit for work – under the provisions of the Workers Compensation Act 1987, Workers Compensation Act 1987 (re 1926 Act) and Workers Compensation (Dust Diseases) Act 1942 – can be found under 'further information'.
Benefits to injured workers who return to work on suitable duties
If a worker returns to work on partial duties and earns less than before the injury – because they may be working part-time or the suitable duties are at a lower pay rate than their pre-injury job – then an additional amount, called ‘make-up’ pay, will be paid.
‘Make-up’ pay is the difference between the worker’s normal gross weekly wages before the injury (including overtime, shift work, payments for special expenses and penalty rates) and the actual weekly earning after the injury (ie. the value of duties worked). The amount of ‘make-up’ pay is limited to the award rate for the first 26 weeks of partial fitness for work and to the statutory rate (capped at a maximum amount) for any weeks of partial fitness for work beyond 26 weeks.
The maximum benefits payable to injured workers who return to work on partial duties can be found under 'further information'.
Benefits to injured workers who are fit for suitable duties but no duties are available.
If there are no suitable duties and the worker is involved in rehabilitation, retraining or job-seeking, they may receive an amount known as a 'section 38 payment', which includes:
- not more than the award rate of pay within the first 26 weeks of incapacity
- not more than 80 percent of the award rate from 27 to 52 weeks of incapacity.
A worker may be entitled to a maximum of 52 weeks of partial incapacity (section 38) payments.
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