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Payments when work not available

If you have some capacity to work and are not working, you may be entitled to receive weekly payments.

The insurer will calculate your entitlements based on your situation.

If the calculation of the pre injury average weekly earnings is more than the maximum weekly compensation amount ($2058.10) your insurer will use the maximum weekly compensation amount to calculate your payment.

Payments for the first 13 weeks

For the first 13 weeks where you have current work capacity, your weekly payments are calculated based on whichever is less:

Payments for 14 to 130 weeks

Between 14 to 130 weeks, where you continue to have current work capacity and are not working, your weekly payments are calculated based on whichever is less:

Payments for 131 to 260 weeks

If you have some capacity to work you are only entitled to weekly payments if you:

  • have completed an application for continued weekly payments after 130 weeks form , and
  • either, work at least 15 hours a week and earn at least $183 per week (indexed annually), and assessed as likely to continue to be unable to undertake more paid work.
  • or, if you are a worker with high or highest needs (ie your degree of permanent impairment is greater than 20 per cent) you may continue to be entitled to weekly payments of compensation beyond 130 weeks, whether you are working or not.

Between 131 to 260 weeks, payments are based on whichever is less:

After 260 weeks (five years)

Weekly payments will cease after five years unless your degree of permanent impairment is greater than 20 per cent.

If your degree of permanent impairment  is greater than 20 per cent you may be entitled to weekly payments based on whichever is less:

Payments for exempt workers and volunteer bush fire fighters or emergency and rescue services volunteers

Different payment arrangements apply to police officers, paramedics, fire fighters, volunteer bush fire fighters, emergency rescue services volunteers.

Payments when suitable work is not available

You may receive weekly payments if you have capacity for work but no suitable work can be provided by the pre injury employer.

Section 38 payments for exempt claimants-partial capacity

A section 38 payment may be paid if you are partially incapacitated but your pre-injury employer does not provide you with suitable work.

To be eligible for a section 38 benefit you must be:

  • partially incapacitated for work and not suitably employed, and
  • undertaking taking reasonable steps to obtain suitable employment including job seeking and / or undergoing rehabilitation or training

Payments when you have capacity for work but no suitable work is provided

If no suitable work is provided, you will be paid section 38 benefits for a maximum of 52 weeks.

For the first 26 weeks of incapacity you may receive your current weekly wage rate. The first 26 weeks of incapacity includes any period of total incapacity already taken.

Therefore, if you have been totally incapacitated for the first 10 weeks following your injury and you gain capacity for suitable work but no work is available, you will be paid your current weekly wage rate for a maximum of 16 weeks.

For any remaining period up to a total of 52 weeks, you may receive the greater of 80 per cent of your current weekly wage rate or the statutory rate.

After this, if you continue to have capacity for work, you may be entitled to weekly 'make up' pay.

This payment will be based on an assessment of your capacity for work and will most probably be at the statutory rate.

Current weekly wage rate for exempt workers

The current weekly wage rate is calculated:

  • for workers paid under an award, industrial or enterprise agreement as 100 per cent of the rate of remuneration for one week of work (excluding overtime, shift work, payments for special expenses and penalty rates) or
  • for workers not employed under an award, industrial or enterprise agreement as 80 per cent of their average weekly earnings (including regular overtime and allowances)

Statutory rate for exempt workers

The statutory rate is the amount specified in the Workers Compensation Act 1987 and is indexed twice each year, in April and October. The statutory rate for a single worker from 1 October 2016 to 31 March  2017 is $484.10.

The statutory rate applicable to earlier periods is detailed in the workers compensation benefits guide.

Further information

Pre-injury average weekly earnings

Pre-injury average weekly earnings are calculated by your insurer based on information provided by you or your employer and reflect how much you were earning prior to your injury.

During the first 52 weeks of weekly payments, the calculation of pre-injury average weekly earnings includes ordinary earnings plus overtime and shift allowance payments.

After 52 weeks of receiving weekly payments the calculation of pre-injury average weekly earnings will not include overtime and shift allowance payments.

Maximum weekly compensation amount

The maximum weekly compensation amount is capped and indexed in April and October. The maximum amount from 1 October 2016 to 31 March 2017  is $2058.10 per week.

Retirement

A worker is entitled to receive weekly payments for up to 12 months after reaching retiring age. Read our retirement payments page for more information.

Disputes and complaints

Sometimes there can be disputes about compensation. If there’s a dispute, there’s help available. Our workers compensation disputes section has more information on how we can help.

If you are dissatisfied at any stage with the management of your injury, you can contact the Workers Compensation Independent Review Office (WIRO) at www.wiro.nsw.gov.au or call them on 13 94 76.