Employers have a responsibility to fulfil their occupational health and safety obligations. This responsibility ensures that you receive entitlements if you are injured while working or fall in the course of employment. If you encounter such a situation, the entitlements you will receive are known as workers’ compensation. The entitlements includes wages, medical expenses including rehabilitation and lump sum payment.
When you have a work-related injury or illness, you are required to notify your injury to your employer. If as a result of the injury, your capacity to work decreases, you may be eligible for workers compensation weekly payments to compensate you for your loss of earnings.
How many weeks of pay will I receive in workers compensation payments?
The weekly wages amount is calculated based on your pre injury average weekly earnings before the injury. You will not be paid 100% of your pre injury average weekly earnings but rather:
- 95% for the first 13 weeks,
- 80% for the 14th to the 130th week,
- After 130 weeks of workers compensation payment, workers with no work capacity will continue to receive 80% of their average pre-injury wage
However if you work at least 15 hours per week you can continue to receive 95% of your pre injury average weekly wage beyond the first 13 weeks.
If you are working at least 15 hours per week after 130 weeks and are earning at least $200 per week, you are required to apply to the insurer in writing so that your weekly benefits continue beyond the 130 weeks. Weekly payments are limited to a maximum of 5 years for injuries that are assessed at less than 20% whole person impairment. If you are working less than 15 hours per week, the weekly payment entitlement will cease unless your injuries are assessed at 20% whole person impairment.
Workers with more than 20% permanent disability are entitled to weekly payments until they reach retirement age.
Our experienced Workers Compensation Lawyers can assist you to get the highest possible workers compensation payout on a No Win No Fee basis. Our workers compensation lawyers is conventionality located in Sydney & Parramatta. You can call us on 1800 952 898 or book a free claim assessment below to receive the best legal assistance possible.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
