- Workers Compensation Act 1987
- Workplace Injury Management and Workers Compensation Act 1998
- Workers' Compensation (Dust Diseases) Act 1942
- Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987
- Workers Compensation Regulation 2016
- Workers Compensation (Dust Diseases) Regulation 2018
- Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2017
- Workers compensation guidelines
- NSW workers compensation guidelines for the evaluation of permanent impairment
- Workers compensation medical dispute assessment guidelines
- Guidelines for workplace return to work programs
- Workers compensation market practice and premiums guidelines
- Guidelines for the approval of treating allied health practitioners 2016 No 2
- Workers compensation licensed insurer business plan guidelines
Standards of practice
- Overarching claims management principles
- Standard of practice principles
- S1. Worker consent
- S2. Worker access to personal information
- S3. Initial liability decisions – general, provisional, reasonable excuse or full liability
- S4. Liability for medical or related treatment
- S5. Recurrence or aggravation of a previous workplace injury
- S6. Recoveries
- S7. Interim pre-injury average weekly earnings calculation
- S8. Insurer making weekly payments
- S9. Reduction in payments of compensation
- S10. Payment of invoices and reimbursements
- S11. Changes in capacity
- S12. Injury management plans
- S13. Additional or consequential medical conditions
- S14. Referral to an injury management consultant
- S15. Approval and payment of medical, hospital and rehabilitation services
- S16. Case conferencing
- S17. Section 39 Notification
- S18. Retiring age notification
- S19. Section 59A notification
- S20. Permanent impairment assessment reports
- S21. Negotiation on degree of permanent impairment
- S22. Insurer participation in disputes and mediations
- S23. Recovery of overpayments due to insurer error
- S24. Factual investigations
- S25. Surveillance
- S26. Arrangement for payments to Medicare Australia
- S27. Notification and recovery of Centrelink benefits from lump sum payments
- S28. Interpreter services
- S29. Cross-border provisions
- S30. Closing a claim
- S31. Death claims
- S32. Managing claims during the COVID-19 pandemic
- Workers compensation benefits guide
- Fees and rates orders
- Standards of practice
S7. Interim pre-injury average weekly earnings calculation
Providing for interim pre-injury average weekly earnings (PIAWE) enables workers to be supported by the commencement of weekly payments when the insurer has insufficient information to make a complete calculation, or an application for agreement between the worker and employer as to PIAWE has not yet been approved.
Weekly payments to workers will commence as soon as possible. Workers will not be disadvantaged if the insurer has not been able to obtain all information required to calculate PIAWE, or if an insurer has not yet approved a PIAWE agreement.
This standard does not apply to exempt workers.
Note: any reference in this Standard to an 'agreement' only relates to injuries on or after 21 October 2019.
For claims where weekly payments may be payable, as soon as possible after notification, insurers are to advise the worker and employer:
Communication with the employer and worker within three working days from receipt of an initial notification
For claims where the employer and worker do not make an application for approval of a PIAWE agreement to the insurer, and the insurer does not have sufficient information to make a complete PIAWE calculation, the insurer is to:
Evidence on claim file of communication with the worker and employer before commencing weekly payments
For claims where an interim PIAWE work capacity decision has been made, insurers are to recalculate a worker's PIAWE as soon as possible following receipt of the complete information required. If the amount determined differs to the interim PIAWE amount, a new work capacity decision is to be made.
PIAWE to be recalculated within five working days from receipt of required information
If the insurer makes a work capacity decision, and the PIAWE is more than
the insurer is to pay any adjustment payment due to the worker as soon as possible.
If the insurer makes a work capacity decision, and the PIAWE is less than:
any overpayment made to the worker is to be dealt with in accordance with Standard 23.
Adjustment payment to the worker paid no later than 14 days from the work capacity decision
Providing for an interim pre-injury average weekly earnings (PIAWE) calculation enables workers to be supported by commencement of weekly payments, even when the insurer has insufficient information to make a complete calculation. This ensures workers are not disadvantaged or experience delays in receiving weekly payments where the employer has not provided the required information to the insurer for the purposes of calculating pre-injury average weekly earnings (PIAWE).
One of the key system objectives is to provide workers with income support during incapacity.
Sometimes insurers are unable to determine PIAWE within the required timeframe for the first weekly payment as they have insufficient information to correctly determine it. In such instances insurers are to calculate an interim PIAWE or make an interim payment decision to commence payments without delay.
Where there is an interim PIAWE, and the employer does not respond to insurer requests for information, the insurer can contact SIRA on 13 10 50.
- Section 264(2) of the 1998 Act
- Section 267 of the 1998 Act
- Section 275 of the 1998 Act
- Schedule 3 of the 1987 Act
- Section 44C of the 1987 Act
- Section 44D of the 1987 Act
- Section 44E of the 1987 Act
- Section 44F of the 1987 Act
- Section 44G of the 1987 Act
- Section 44H of the 1987 Act
- Section 44I of the 1987 Act