How are compensation payments calculated and how often are they made? How long can I receive payments for non-permanent injuries?

• Following the initial excess payment to an injured employee regular payments are usually paid out on a weekly basis.
• Depending on your state or territory payments made to injured employees are in the amount of their normal weekly earnings (NWE) or average weekly earnings (AWE) based on common industry practice. The applicable payment method differs between states and territories:
  • Commonwealth:
    • weekly payments for up to 45 weeks at NWE rates;
  • Australian Capital Territory:
    • weekly payments for up to 26 weeks at NWE rates;
  • New South Wales:
    • weekly payments for up to 26 weeks at NWE rates (caps apply);
    • AWE rates are paid to employees that are not covered by an award or enterprise agreement; and
    • statutory rates apply for compensation paid out beyond 26 weeks;
  • Northern Territory:
    • weekly payments for up to 26 weeks at NWE rates;
  • Queensland:
    • weekly payments for up to 26 weeks at 85% of NWE rates;
  • South Australia:
    • weekly payments for up to 13 weeks at AWE rates;
  • Tasmania:
    • weekly payments for up to 26 weeks at NWE rates;
  • Victoria:
    • for injuries sustained after September 2000 95% of the pre-injury average weekly base pay to $1,190/week plus regular overtime and shift allowance for the first three months; and
    • for permanent injuries payments are determined through a ‘whole person impairment’ assessment.

• Western Australia:
  • weekly payments for up to 13 weeks at award wage rates plus overtime; and
  • AWE rates apply for employees not covered by an award.

• While these rates make reference to time limitations payments will continue for up to 5 years but at reduced rates. If you need more specific information about your situation you can use our free and anonymous Ask a Lawyer service.