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Weekly Payments Under the WorkCover Scheme

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Please note that this post was written for Victorian audiences and the information within may not apply to other regions.

Once you have lodged your Worker’s Injury Claim Form and your claim is accepted, you can start receiving financial relief in the form of Weekly Payments.

Certificates of Capacity

Foremost, you must consult with your treating doctor to obtain Certificates of Capacity.

These Certificates will need to be issued for the period which you are injured or have limited capacity for work.

Once you obtain a Certificate, you will then need to pass this to your employer.

You are required to continue providing Certificates of Capacity for as long as you are claiming for Weekly Payments.

Amount of Weekly Payment

The WorkCover Insurer pays Weekly Payments based on their calculation of your pre-injury average weekly earnings (PIAWE).

For the First 13 Weeks after your injury:
This is known as the First Entitlement Period.

If you have no current work capacity, you will receive 95% of your PIAWE.
(On your calculator: PIAWE x 0.95)

Alternatively, if you have a work capacity, you will receive the difference between 95% of PIAWE and your current weekly earnings (CWE).
(On your calculator: PIAWE x 0.95 – CWE)

Notes:
The maximum you can receive is $2310 (less your current weekly earnings if applicable).

Your PIAWE calculation for this period can include any overtime and other allowances you normally receive.

For Week 14 to Week 130:
This is known as the Second Entitlement Period.

If you have no current work capacity, you will receive 80% of your PIAWE.
(On your calculator: PIAWE x 0.8)

Alternatively, if you have a work capacity, you will receive 80% of your PIAWE minus 80% of your CWE.
(On your calculator: PIAWE x 0.8 – CWE x 0.8)

Notes:
The maximum you can receive is $2310 (less 80% of your current weekly earnings if applicable).

Your PIAWE calculation can include any overtime and other allowances you normally receive up to Week 53.

From Week 53 onward, your PIAWE will not include any overtime or other allowances your normally receive.

From Week 131 onward:
If you indefinitely have no capacity for work, you will receive 80% of your PIAWE.
(On your calculator: PIAWE x 0.8)

Alternatively, if you have returned to working at least 15 hours per week and earn at least $199 per week, you can receive a top-up of 80% of your PIAWE minus 80% of your CWE.
(On your calculator: PIAWE x 0.8 – CWE x 0.8).

Notes:
The maximum you can receive is $2310 (less 80% of your current weekly earnings if applicable).

Superannuation Contributions

You will begin to receive superannuation contributions with your Weekly Payments once you have received 52 weeks of Weekly Payments.

The required 52 weeks of Weekly Payments is cumulative, not consecutive.

You will need to provide details of your nominated superannuation fund to the WorkCover Insurer.

How you will be paid

Your employer has an obligation to forward your Certificates of Capacity to their WorkCover Insurer.

The WorkCover insurer will then make payments in accordance with the above calculations to your employer, who will then deduct your tax contribution, and you will receive the net amount.

There are circumstances where an injured worker can apply to become a direct payee instead.

It is always recommended that you regularly check your bank statements to ensure that Weekly Payments are not missed, and that you are receiving the correct amount.

*This piece was written by Ian Hua, Lawyer in the Zaparas Lawyers WorkCover team.

Resources:

http://www1.worksafe.vic.gov.au/vwa/claimsmanual/Content/3WeeklyPayments/3%203%206%20Weekly%20payment%20rates.htm

http://www1.worksafe.vic.gov.au/vwa/claimsmanual/Content/3WeeklyPayments/3%204%204%201%20Superannuation%20entitlements.htm