Weekly payments
WorkSafe can pay weekly payments for accepted claims until you can return to pre-injury work, other work, self-employment or volunteering.
The Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) sets the rates for weekly payments. This defines the amount you can be paid, and over what timeframe. For example, weekly payments are highest during the first 13 weeks – the first entitlement period. However, many workers find they can return to work within this time.
Payments can continue for 130 weeks if you can’t work your pre-injury hours for a longer period. This is called the second entitlement period.
WorkSafe can continue to pay weekly payments from the end of the second entitlement period until retirement age To continue receiving payments, you need to meet certain criteria if your claim reached 130 weeks on or after 31 March 2024. You must have both:
- no capacity for any work which is likely to continue indefinitely
- a permanent whole person impairment assessed as 21% or more.
Weekly payments are usually based on the average of your ordinary earnings for the period of 52 weeks immediately before your injury. These are referred to as pre-injury average weekly earnings (PIAWE).
If you've been with your current employer for less than 52 weeks, your PIAWE is calculated on that employment period. Periods of unpaid leave and periods when you didn’t work are not included in your PIAWE calculation.
You may be entitled to superannuation contributions. These start after 52 weeks of weekly payments. You need to meet certain criteria to be eligible.
How your weekly payments are calculated
Weekly payments will depend on your current work capacity and the hours of work you're able to complete. Your treating health practitioner will make recommendations on your capacity for pre-injury duties or suitable duties on your certificate of capacity. . Returning to suitable duties might involve doing different tasks with your original employer. It may also mean suitable employment with a new employer or self-employment.
If you can’t work (no current work capacity)
Your weekly payments will be paid at the following rates.
95% of your PIAWE, up to the applicable statutory maximum of twice the State average weekly earnings* (statutory maximum).
80% of your PIAWE, or up to the applicable statutory maximum. If your PIAWE includes any overtime or shift allowance, this stops after 52 weeks.
80% of your PIAWE up to the applicable statutory maximum.
Weekly payments will continue only if you meet both the following criteria.
- You have no capacity for any work which is likely to continue indefinitely.
- You have a permanent whole person assessed as of 21% or more if your claim reached 130 weeks on or after 31 March 2024.
If you can do some work (some current work capacity)
Your weekly payments will be paid at the following rates:
95% of your PIAWE subject to the applicable statutory maximum, minus what you’re currently earning at work.
80% of your PIAWE subject to the applicable statutory maximum, minus 80% of what you're currently earning at work.
Overtime or shift allowance amounts are included in PIAWE only for the first 52 weeks.
80% of your PIAWE, subject to a statutory maximum, minus 80% of what you’re currently earning at work.
If you've made a partial return to work, you can apply for weekly payments to continue. Your application will be approved if you meet all the following criteria.
- You have returned to work.
- You are working at least 15 hours each week earning at least $240 each week (indexed annually).
- Your work-related injury or illness means it's unlikely you'll be able to earn more than this in the future through further or additional work.
- You have a permanent whole person assessed as 21% or more if your claim reached 130 weeks on or after 31 March 2024.
In some circumstances, WorkSafe can deduct an amount you would have been capable of earning if you had returned to work.
Retirement age
If you are entitled, you can receive weekly payments and superannuation contributions until you reach retirement age.
Under the legislation, retirement age means the age the worker reaches pension age within the meaning of the Social Security Act 1991 of the Commonwealth.
Eligibility for the aged pension is as follows.
Date of birth | New retirement age |
|---|---|
1 Jul 1952 to 31 Dec 1953 | 65 years + 6 months |
1 Jan 1954 to 30 Jun 1955 | 66 years |
1 Jul 1955 to 31 Dec 1956 | 66 years + 6 months |
From 1 Jan 1957 onwards | 67 years |
For aged pension information, refer to Services Australia.
* The statutory maximum applies to claims made on or after 5 April 2010. As at 1 July 2024, the statutory maximum is $2,800, indexed annually.
If your date of injury is before 5 April 2010, the above information may differ. Contact your WorkSafe agent or WorkSafe Advisory to check.
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.
