Weekly payments

First steps

Notify your employer and the insurer of an injury. After the insurer is notified, they will contact you to discuss the support available. Find out more about what to do after an injury.

Workers with a primary psychological injury require one or more of the relevant event types to be provided at notification as the cause of the injury. The relevant event types are:

• being subjected to an act of violence or the threat of violence
• being subjected to serious criminal conduct
• witnessing a traumatic incident or witnessing a dead or seriously injured person at the scene following a traumatic incident
• the death of a person in the worker’s care
• vicarious trauma where a worker is repeatedly exposed to the traumatic experiences of others as part of their
• employment
• bullying
• sexual harassment
• racial harassment
• excessive work demands

Injuries resulting from bullying, sexual harassment, racial harassment and /or excessive work demands are considered “relevant conduct” related injuries.

To demonstrate reduced work capacity, provide a completed SIRA Certificate of Capacity to your employer or the insurer.

Insurer obligations

After receiving an initial notification for all but relevant conduct related injuries, the insurer must:

• start provisional weekly payments within 7 calendar days unless there is a reasonable excuse not to, or
• delay starting provisional weekly payments by issuing a reasonable excuse within 7 days, or
• determine liability.

If the insurer issues a reasonable excuse, they must provide:

• details of the reasonable excuse,
• information on how you may make a claim for compensation, which will be determined within 21 days.

If the insurer issues a reasonable excuse, you may complete a claim form.

Once the insurer receives the claim form, they have 21 days to accept or dispute liability.

For relevant conduct related injuries

Before compensation can be paid to workers with a psychological injury caused by bullying, sexual or racial harassment, or excessive work demands, a completed claim form must be submitted to the insurer.

Workers should provide as much detail in section 3A of the claim form as possible to allow the insurer to make a prompt decision based on the available evidence.

Insurers have 42 days from the date the completed claim form was received (the “determination period”) to make a decision on whether to accept or dispute liability. If the insurer does not make a decision within that time, the claim is deemed to have been accepted by the insurer.

If the insurer disputes your claim, help is available through our workers compensation disputes or by contacting the Independent Review Office (IRO) on 13 94 76.

Weekly payment calculation

If the insurer accepts your claim for weekly payments, they will advise you of your weekly payment amount. The amount of your weekly payment is based on:

• your pre-injury average weekly earnings
• whether you have current work capacity
• how long you have received weekly payments
• whether you have been able to return to work
• your ability to earn in suitable employment
• whether your relevant conduct related injury is in the 'determination period'.

You may receive your weekly payments directly from your employer or the insurer within your usual pay cycle.

If you do not provide a completed SIRA Certificate of Capacity, the insurer may stop weekly payments within 7 days of advising you that the document is required.

Pre-injury average weekly earnings

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

Detailed information on pre-injury average weekly earnings calculations is available in the Workers Compensation Claims Management Guide:

Exemptions for injuries before 26 October 2018

If you sustained an injury before 26 October 2018, the insurer will exclude shift and overtime allowance from your pre-injury average weekly earnings calculation after 52 weeks of entitlement.

Stopping weekly payments

Your ongoing entitlement to weekly payments can depend on reasons like:

• meeting your return to work obligations
• work capacity decisions made by the insurer
• whether you have exceeded the entitlement period of 130 weeks
• whether you have exceeded the entitlement period of 260 weeks
• whether you are a worker with high or highest needs
• whether you have reached retiring age.

If you have an unresolved enquiry or complaint about your weekly payment entitlements with your insurer, contact the Independent Review Office (IRO) by calling 13 94 76.

Work capacity assessment

The insurer assesses your capacity for work based on your functional, vocational, and medical status. They use this information to decide whether you can return:

• to your pre-injury employment
• to suitable employment with your pre-injury employer or another employer.

If they determine you have some capacity to work, your weekly payments may be reduced or stopped based on the amount you could earn in suitable employment. These decisions can be reviewed or disputed.

Detailed information on workers compensation disputes.

Work capacity assessments are not conducted for paid first responders.

Retirement

The retiring age is defined as the age at which a person is eligible to receive the age pension.

If you are receiving weekly payments and reach retirement age, you may be entitled to receive weekly payments for a further 12 months.

If you are injured on or after reaching retirement age, you may be entitled to weekly payments during the 12-month period that starts from the date of your first incapacity. You will need to provide the insurer with a SIRA Certificate of Capacity for the period during which you are claiming weekly payments.

Detailed information on retirement is available from the Workers Compensation Claims Management Guide.

For injuries received before 30 June 1985, retirement age does not affect your entitlement to weekly payments.

Paid first responders (exempt workers)

Exempt workers include paid first responders such as police officers, paramedics and fire fighters. These workers are exempt from some amendments to the Workers Compensation Acts in 2012, 2015 and 2025. Find out more on how to lodge a claim and your payments if you are an exempt worker.

Find out more

Approaching 130 weeks of payments for workers with a primary psychological injury

Weekly payments are available for a maximum period of 130 weeks (2 1/2 years) under Section 39B of the Workers Compensation Act 1987. This does not apply to a worker whose injury results in a degree of permanent impairment of more than 20%.

For workers whose injury results in a degree of permanent impairment of between 21% and 24%, they may receive an additional 52 weeks of compensation if they have no capacity for work or they have current work capacity, and are working at least 15hrs per week and earning at least $251 (as indexed) each week.

During this additional 52 week period, compensation is paid at the rate of 60% of PIAWE or the maximum weekly compensation amount, whichever is the lesser.

Workers whose injury results in a degree of permanent impairment of more than 24% may continue to remain entitled to compensation after 130 weeks.

Approaching 260 weeks of workers compensation payments

Weekly payments are available for a maximum period of 260 weeks (5 years) under Section 39 of the Workers Compensation Act 1987. This does not apply to a worker whose injury results in a degree of permanent impairment of more than 20%, or to workers with a primary psychological injury.

Find out more

Claims disputes

If you have an unresolved enquiry or complaint about your weekly payment entitlements with your insurer, contact the Independent Review Office (IRO) by calling 13 94 76.