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Weekly Compensation – No Capacity to Work

What are my entitlements to weekly compensation during the first entitlement period if I have NO 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 no capacity to work payments will be calculated at 95% of the workers pre-injury average weekly earnings or the maximum amount less any deductible amount.

This does not apply to police officers, firefighters, 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 NO capacity to work?

The second entitlement period is from weeks 14 to 130 of weekly payments.

During the second entitlement period if the worker has no capacity to work payments will be made at 80% of the workers pre-injury average weekly earnings or the maximum rate whichever is the lower amount less any deductible amount.

After 52 weeks any overtime included in the calculation of pre-injury average weekly earnings will be excluded.

This does not apply to police officers, firefighters, 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 NO 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 no capacity to work if they have satisfied 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 no capacity to work and that this incapacity is likely to continue 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 deductible amount. Workers who do not satisfy this criteria, will not be entitled to payments of weekly compensation after the second entitlement period.

This does not apply to police officers, firefighters, paramedics and volunteer emergency services workers who are entitled to weekly compensation under a different scheme.

What are my entitlements to weekly compensation after the third entitlement period if I have NO capacity to work?

After the third entitlement period payments of weekly compensation will cease unless the worker has 21% whole person impairment or more.

Workers who are entitled to payments of weekly compensation after the third entitlement period will be paid at 80% of their pre-injury average weekly earnings or at the maximum rate less any deductible amount.

This does not apply to police officers, firefighters, paramedics and volunteer emergency services workers who are entitled to weekly compensation under a different scheme.