What are my entitlements to weekly compensation during the first entitlement period if I have capacity to work?
The first entitlement period is the first 13 weeks of weekly compensation.
During the first 13 weeks of weekly compensation where a worker has capacity to work, payments will be calculated at 95% of the workers pre injury average weekly earnings or the maximum amount less any earnings, capacity to earn or any deductible amount.
This does not apply to police officers, fire fighters, paramedics and volunteer emergency services workers who are entitled to weekly compensation under a different scheme.
What are my entitlements to weekly compensation during the second entitlement period if I have capacity to work?
The second entitlement period is from 14 to 130 weeks of weekly compensation.
If a worker has capacity to work and is working 15 hours or more, weekly payments are paid at 95% of the workers pre injury average weekly earnings or the maximum rate less actual earnings and any deductible amount.
If the worker is working less than 15 hours per week, weekly payments are paid at 80% of the workers pre injury average weekly earnings or the maximum rate less actual or capable earnings and any deductible amount.
This does not apply to police officers, fire fighters, paramedics and volunteer emergency services workers who are entitled to weekly compensation under a different scheme.
What are my entitlements to weekly compensation during the third entitlement period if I have capacity to work?
The third entitlement period is from weeks 130 weeks to 260 of weekly compensation.
Workers are only entitled to payments of weekly compensation in the third entitlement period when they have capacity to work if they satisfy the following criteria:
- the worker has applied in writing to have their payments continue after the second entitlement period
- the insurer has assessed that the worker has capacity to work
- the worker is working 15 hours per week or more
- the worker is earning $183 per week or more
- the insurer has assessed the worker to be working to their full capacity and that the worker is likely to be incapable of undertaking further employment or additional work to increase their earnings indefinitely.
Workers who satisfy this criteria will be paid at 80% of their pre injury average weekly earnings or at the maximum rate less any earnings and any deductible amount. Workers who do not satisfy this criteria, will not be entitled to payments of weekly compensation after the second entitlement period.
This criteria does not apply to workers with high needs.
This does not apply to police officers, firefighters, paramedics and volunteer emergency services workers who are entitled to weekly compensation under a different scheme.
