For workers injured on or after 21 October 2019, current weekly earnings means the greater of either the worker's actual gross earnings in respect of that week or the weekly amount the worker is able to earn in suitable employment.
Note: The full JobKeeper payment is taken to be part of the worker's actual gross earnings.
For workers injured before 21 October, refer to section 44I of the Workers Compensation Act 1987.
A reference to 'current work capacity' means a present inability arising from the injury such that the worker is able to return to his or her pre-injury employment, or is able to return to work in suitable employment, but the weekly amount the worker has the capacity to earn in any such employment is less than the weekly amount that the worker had the capacity to earn in that employment immediately before the injury.
For workers injured before 21 October 2019, refer to the definition of 'current work capacity' in section 32A of the Workers Compensation Act 1987 in force immediately before 21 October 2019.
Where a worker is entitled to receive weekly compensation payments, these payments are calculated by the insurer using a formula and the worker's pre-injury average weekly earnings (PIAWE).
For workers injured on or after 21 October 2019, PIAWE means the weekly average of the gross earnings received by the worker for work in any employment in which the worker was engaged at the time of the injury. See 'Pre-injury average weekly earnings'.
A reference to PIAWE for workers injured before 21 October 2019, means the amount determined in accordance with section 44C of the Workers Compensation Act 1987. See 'Pre-injury weekly earnings for workers injured before 21 October 2019'.
Following initial notification of injury, the insurer must start provisional payments within seven calendar days (or determine liability) unless there is a ‘reasonable excuse’ not to, as set out in Part 2 of the Workers compensation guidelines.
An independent statutory tribunal that resolves workers compensation disputes between workers, employers and insurers across New South Wales prior to 1 March 2021.
The Personal Injury Commission replaced the Workers Compensation Commission from 1 March 2021.