About the second entitlement period
Under the relevant workers compensation legislation, you must meet certain conditions to continue receiving weekly payments after 130 weeks (the second entitlement period). The second entitlement period is the period of 117 weeks that weekly payments are paid or payable, following the first 13 weeks that you've received weekly payments for (first entitlement period).
The main criteria you have to meet for weekly payments to continue after the second entitlement period are:
- that because of your injury, you have no current work capacity which is likely to continue indefinitely
- if your claim reached 130 weeks of weekly payments on or after 31 March 2024, your whole person impairment has been assessed as 21% or more
However, if you've been advised in writing that you do not meet the main criteria, weekly payments can still be paid after the second entitlement in some circumstances. You could be entitled to:
- part of your rate because you have returned to some work
- your full rate for a limited period following surgery, because you are temporarily unable to work
- your full rate and ongoing following surgery, because you cannot return to any work indefinitely
You can apply for weekly payments in these scenarios, if you meet all the criteria.
1. You've returned to work
You may be eligible for weekly payments if you have returned to work.
To be eligible for weekly payments, you must meet all of the following criteria.
- You received weekly payments for your injury until the expiry of the second entitlement period (104 or 130 weeks, depending on your date of injury).
- If your claim reached 130 weeks of weekly payments on or after 31 March 2024 your whole person impairment has been assessed as 21% or more.
- You have returned to work, working at least 15 hours a week and earning at least $228* (excluding GST) a week.
- Your work related injury or illness means it's unlikely you'll be able to earn more from further or additional employment in the foreseeable future.
*As at 1 July 2023 - indexed annually.
If you meet all of the criteria, you can apply for partial weekly payments using the link below.
If you need any help with the application, contact your case manager or WorkSafe Advisory.
2. You're incapacitated due to surgery
Depending on your circumstances, you might be eligible to receive either limited or ongoing weekly payments following surgery. To apply for these payments, you have to meet the eligibility criteria set out below.
- Temporary incapacity (limited weekly payments)
To be eligible for a limited period of weekly payments, you must meet all of the following criteria.
- You received weekly payments for your injury until the expiry of the second entitlement period (104 or 130 weeks, depending on your date of injury).
- You have returned to work for at least 15 hours a week and your current weekly earnings are at least $228* (excluding GST) per week.
- You have not reached retirement age.
- In respect of the injury, you are:
- no longer entitled to weekly payments because of the expiry of the second entitlement period or
- entitled to partial weekly payments as you have returned to work and are working at your full capacity**.
- You require or required surgery for that injury.
- The date of surgery (hospital admission) is at least 13 consecutive weeks after the expiry of the second entitlement period.
- You are temporarily incapacitated for work because of the surgery.
** Means (1) working at least 15 hours a week and receiving current weekly earnings, or current weekly earnings together with a deductible amount, of at least $228 a week (as at 1 July 2023) and (2) because of the injury are unable to earn more in further or additional employment for the foreseeable future.
- Indefinite incapacity (ongoing weekly payments)
To be eligible for a reinstatement of ongoing weekly payments, you must meet all of the following criteria.
- You received weekly payments for your injury until the expiry of the second entitlement period (104 or 130 weeks, depending on your date of injury), which occurred on or after 31 March 2024.
- You have not reached retirement age.
- In respect of the injury, you are:
- no longer entitled to weekly payments because of the expiry of the second entitlement period or
- entitled to partial weekly payments as you have returned to work and working at your full capacity**.
- You require or required surgery for the injury.
- The date of surgery (hospital admission) is at least 13 consecutive weeks after the expiry of the second entitlement period.
- As a result of the surgery you have:
- no current work capacity which is likely to continue indefinitely *** and
- been assessed as having a permanent whole person impairment of 21% or more.
** Means (1) working at least 15 hours a week and receiving current weekly earnings, or current weekly earnings together with a deductible amount, of at least $228 a week (as at 1 July 2023) and (2) because of the injury are unable to earn more than this in further or additional employment for the foreseeable future; and (3) if your claim reached 130 weeks of weekly payments on or after 31 March 2024, your whole person impairment has been assessed as 21% or more.
***'No current work capacity' means an inability to return to pre-injury employment or suitable employment
If you meet the applicable criteria, use the link below to apply.
If you need any help with the application, contact your case manager or WorkSafe Advisory.
WorkSafe Advisory
WorkSafe's advisory service is available between 7:30am and 6:30pm Monday to Friday. If you need more support, you can also contact WorkSafe using the Translating and Interpreting Service (TIS National) or the National Relay Service.
