Weekly benefits payments
The employer commences payment of weekly compensation from the date the worker gives notice of the injury to the employer. If a worker makes a claim in relation to an injury, the insurer is liable to pay weekly compensation and costs in relation to the injury from the date of the injury until the insurer rejects or settles the claim.
While a worker is totally incapacitated by a work related injury, the worker will receive their average pre-injury weekly earnings for the first 26 weeks from the date of the injury. Where there was a regular and established pattern of earnings, average earnings may take into account other employment and overtime. After the first 26 weeks of incapacity, the injured worker receives and amount calculated with the Act.
The employer must immediately give the injured worker any payments from the insurer.
Payment may cease if the injured worker fails to participate and cooperate with their Personal Injury Plan and any medical examinations that have been arranged. An injured worker must make all reasonable efforts to return to work as soon as practicable.
Partial incapacity payments are weekly payments to an injured worker who commences duties in which he or she is earning less than before the injury. This occurs when the worker is not able to fully resume their former duties because of the injury.
Partial incapacity payments may be paid to make up the difference between the partial return to work earnings, and the injured worker’s average pre-incapacity weekly earnings. After the first 26 weeks of incapacity, payments may make up the difference up to an amount calculated in accordance with the Act.
Medical Treatment and Related Expenses
The cost of medical treatment and other expenses relating to a compensable injury are payable to the injured worker. Other expenses may include; clothing that was damaged or lost as a result of the accident, the amount of wages lost by the worker whilst attending treatment, transport to and from the treatment, and the cost of accommodation (including meals) if required.
A worker who has suffered a permanent injury listed in Schedule 1 of the Act, as the result of a compensable injury, may be entitled to receive a lump sum payment, as compensation for the permanent injury.
A permanent injury claim cannot be made earlier than two years after the injury unless:
* The workers injury is taken to have stabilised if he or she has returned to work at previous work hours and has been working those hours for at least three months.
The injured worker may also be entitled to seek common law damages if the injury was a result of the employer’s negligence. Should the injured worker wish to pursue this option they must do so within three years and they would need to consult a lawyer.
If a work related injury results in the death of a worker, the dependents will be entitled to receive a single lump sum payment, funeral expenses and other benefits in accordance with the Act.
Indexed Benefits Schedule
The Indexed Benefits Schedule is available here.