You are entitled to payment of weekly compensation benefits if you are unable to perform your pre-injury hours and have an accepted WorkCover claim.
How are weekly workers compensation payments calculated?
Weekly payments are usually calculated based on your pre-injury average earnings (PIAWE) from the last 52 weeks of employment.
If you were employed for less than 52 weeks, your PIAWE is calculated on the average of your PIAWE over a specific period.
Calculation for pre-injury average weekly earnings can include the following:
- base rate of pay
- overtime and shift allowances
- piece rates
- commissions
- value of any non-financial benefits, including use of a motor vehicle, residential accommodation.
After you’ve received weekly workers compensation payments for 52 weeks, your PIAWE will not include any overtime or shift allowance.
Does workers compensation pay superannuation?
You are entitled to superannuation contributions if you were injured on or after 5 April 2010 and have received weekly payments for a total of 52 weeks.
What is the WorkCover weekly payments rate?
Your capacity for work will determine the rate of entitlement to weekly payments.
The rate of weekly payment will differ based on whether you have a total incapacity for work or have some partial capacity to work.
What if I have no current work capacity and I am not able to work?
Entitlement to weekly workers compensation payments with no current work capacity
Payments - first 13 weeks
For the first 13 weeks, you are entitled to 95 per cent of your pre-injury average weekly earnings, subject to a statutory maximum of double the Victorian average weekly earnings. The statutory maximum is currently $2660.00 per week – effective from 1 July 2023.
Payments – Weeks 14 to 130
From week 14 to week 130, you are entitled to 80 per cent of your pre-injury average weekly earnings, subject to a statutory maximum of double the Victorian average weekly earnings. The statutory maximum is currently $2660.00 per week – effective from 1 July 2023.
What if I have some current work capacity?
Entitlement to weekly workers compensation payments with some current work capacity
Payments - First 13 weeks
If you have returned to work
For the first 13 weeks, you are entitled to workers compensation even if you have returned to work. The amount you are entitled to is 95 per cent of your pre-injury average weekly earnings subject to a Statutory maximum of double the Victorian average weekly earnings less the amount you are currently earning. The statutory maximum is currently $2660.00 per week – effective from 1 July 2023.
If you have not returned to work
If you have some current work capacity and have not returned to work in the first 13 weeks, you are entitled to 95 per cent of your pre-injury average weekly earnings, subject to a statutory maximum of double the Victorian average weekly earnings. The statutory maximum is currently $2660.00 per week – effective from 1 July 2023.
Payments - Weeks 14 to 130
If you have returned to work
From week 14 to week 130, you are entitled to weekly workers compensation even if you have returned to work. The amount you are entitled to is 80 per cent of your pre-injury average weekly earnings, subject to a statutory maximum of double the Victorian average weekly earnings, less 80 per cent of your current earnings. The statutory maximum is currently $2660.00 per week – effective from 1 July 2023.
If you have not returned to work
If you have some current work capacity and have not returned to work in week 14 to week 130, you are entitled to 80 per cent of your pre-injury average weekly earnings, subject to a statutory maximum of double the Victorian average weekly earnings. The statutory maximum is currently $2660.00 per week – effective from 1 July 2023.
Am I entitled to weekly workers compensation payments after 130 weeks?
After 130 weeks, you are entitled to 80 per cent of your pre-injury average weekly earnings if you have no capacity for any work and this is likely to continue indefinitely. If you reach 130 weeks on or after 31 March 2024, you must also be assessed as having a whole person impairment of more than 20% resulting from your work injury.
The amount you are eligible to receive is subject to a statutory maximum of double the Victorian average weekly earnings, which is currently $2660.00 per week – effective from 1 July 2023.
You must meet the following criteria to be eligible to receive weekly payments post the
130-week entitlement:
- you have returned to work
- are working at least 15 hours per week
- are earning at least $228 (figure correct as at 1 July 2023) per week; and
- because of your work-related injury, it’s unlikely you will be able to work more than this in the future.
If you or someone you know has been injured at work and need advice about your rights and entitlements, arrange a free initial consultation with our team at Redlich's Work Injury Lawyers. Contact us on (03) 9321 9988 or submit an online enquiry now.
