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Key information

If you are an ‘exempt worker’, you may be eligible to receive workers compensation payments if you are injured in a work-related accident or experience a work-related illness.

Entitlements you can claim depend on when the accident took place and the type, nature and severity of your injury or illness.

Weekly payments

You may be entitled to weekly payments when a work-related injury has resulted in:

• total or partial incapacity for work due to a work-related injury
• loss of earnings due to the incapacity.

For detailed information on how weekly payments are calculated, please refer to our weekly payments for exempt workers page.

Provisional payments

The insurer may start making weekly payments and paying for medical expenses while they fully assess your claim. Your weekly payments should commence within 7 days of when you first notified the insurer about your work-related injury. The weekly payment is assessed according to the calculations outlined on the weekly payments for exempt workers page.

Provisional payments can continue for up to 12 weeks, with payment of medical expenses up to $10,000. This allows the insurer more time to decide liability.

Maximum weekly compensation amount

The maximum weekly compensation amount is capped and indexed in April and October each year. Refer to section 3.6.1 for the latest amount in the workers compensation benefits guide.

Medical, hospital and rehabilitation expenses

You may be eligible to claim the costs of some or all medical treatments and services.

For detailed information, please refer to our medical, hospital and rehabilitation expenses page.

Lump sum compensation for permanent impairment and pain and suffering

You may be eligible for a lump sum compensation payment.

Lump sum payments for permanent impairment include:

• permanent impairment sustained as a result of a work-related injury or illness
• pain and suffering arising from the impairment.

Making a claim

Complete the exempt claimant permanent impairment claim form and submit it to the insurer. The claim form lists the information that must be supplied when making a claim.

View detailed information on benefits for permanent impairment and pain and suffering in the workers compensation benefits guide.

Worker representation

You may be entitled to costs for legal representation through the Personal Injury Commission.

If you would like assistance and representation from your union, you must provide the insurer with your consent.

Reducing or discontinuing weekly payments

The insurer may decide to reduce or discontinue weekly payments after assessment and information regarding:

• your ability to earn, or
• whether or not you have capacity for work exceeding your current working hours.

The insurer must notify you of the reasons for the reduction or discontinuation and provide you with a sufficient notice period.

The required notice depends on how long you have received weekly payments:

• if you have received weekly payments for a continuous period of less than one year - 2 weeks notice is required
• if you have received weekly payments for a continuous period for one year or more - 6 weeks notice is required.

Retirement

If you are receiving weekly payments and reach retirement age, you may be entitled to receive weekly payments for a further period of 12 months. If you are injured on or after reaching retirement age, you may be entitled to weekly payments during the 12-month period starting from the date of your first incapacity. The retiring age is defined as the age a person is eligible to receive the age pension. You will need to provide the insurer with a SIRA Certificate of Capacity for the period you are claiming weekly payments. For injuries received before 30 June 1985, your entitlement to weekly payments is not affected by the retiring age.

The retiring age is defined in more detail in the Workers Compensation Act 1987 and section 23 of the Social Security Act 1991.