Weekly payments
WorkSafe can pay weekly payments while you recover from your injury and are unable to perform your pre-injury hours.
The Workplace Injury Rehabilitation and Compensation Act 2013 sets different rates for weekly payments which affect 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 injured workers find that they can return to work well before this time.
If you're unable to work your pre-injury hours for a longer period of time, weekly payments can continue until the expiry of the second entitlement period (130 weeks).
From 31 March 2024, WorkSafe can continue to pay weekly payments after the end of the second entitlement period until retirement age if you have:
- no capacity for any work and this is likely to continue indefinitely, and
- if your claim reaches 130 weeks of weekly payments on or after 31 March 2024 – a permanent whole person impairment that has been assessed as being 21% or more
Weekly payments are usually based on the average of your ordinary earnings from the last 52 weeks 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 one year (52 weeks), your PIAWE is calculated based on the period of that employment. Periods of unpaid leave and periods when you didn’t work are not included in your PIAWE calculation.
In addition to weekly payments, you will be entitled to superannuation contributions on weekly payments if your date of injury is on or after 5 April 2010. These start from week 53 of weekly payments.
How your weekly payments are calculated
It depends on your current work capacity and will vary according to the amount of work you're able to return to. Your treating health practitioner will make recommendations on your capacity for pre-injury duties or suitable duties in sections 3 and 4 of your Certificate of Capacity form. Returning to suitable duties might involve doing different tasks with your original employer, or in suitable employment with a new employer.
If you aren't able to work (no current work capacity)
Your weekly payments will be paid at the following rates:
Payments
95% of your PIAWE or up to the applicable statutory maximum of twice the State average weekly earnings* (statutory maximum).
Payments
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.
Weekly payments only continue if you meet the following criteria:
- you have no capacity for any work and this is likely to continue indefinitely, and
- if your claim reaches 130 weeks of weekly payments on or after 31 March 2024 – you have been assessed as having a permanent whole person impairment of 21% or more
Payments
80% of your PIAWE or up to the applicable statutory maximum.
If you can do some work (some current work capacity)
Your weekly payments will be paid at the following rates:
Payments if you have returned to work
95% of your PIAWE subject to a statutory maximum, minus what you’re currently earning at work.
Payments if you have returned to work
80% of your PIAWE subject to a statutory maximum, minus 80% of what you're currently earning at work.
Overtime or shift allowance amounts are only included in PIAWE for the first 52 weeks.
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 the following criteria:
- you have returned to work, and
- you are working at least 15 hours per week earning at least $240** per week, and
- 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, and
- if your claim reaches 130 weeks of weekly payments on or after 31 March 2024 – you have been assessed as having a permanent whole person impairment of 21% or more
Payments
80% of your PIAWE, subject to a statutory maximum, minus 80% of what you are currently earning at work.
Retirement age
The Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) has been changed to reflect the new eligibility age for the aged pension.
From 1 July 2017 eligibility for the aged pension is as follows:
Date of birth | New retirement age |
|---|---|
1 July 1952 to 31 Dec 1953 | 65 years + 6 months |
1 Jan 1954 to 30 June 1955 | 66 years |
1 July 1955 to 31 Dec 1956 | 66 years + 6 months |
From 1 January 1957 onwards | 67 years |
What this means for you
You might be eligible (subject to other requirements) to receive weekly payments and superannuation contributions on your weekly payments until you reach retirement age.
For information about aged pension payment rates and eligibility, please refer to the Australian Government Department of Human Services.
* 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.
** Correct as at 1 July 2024, indexed annually.
In exceptional circumstances, WorkSafe can deduct an amount that the worker would have been capable of earning if they had returned to work.
For calculation of weekly payments for a claim received before 5 April 2010, contact your WorkSafe agent or WorkSafe's advisory service.
WorkSafe Advisory Service
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.
