Workers Compensation Weekly Payments
Following acceptance of your claim (and occasionally prior to acceptance of your claim) your workers compensation entitlements include a weekly payment in place of lost wages or salary. In most circumstance you are entitled to receive the same pay you would have received if you continued working, however, there are some rules that impact on that.
What Are Weekly Payments?
We believe they are commonly referred to as ‘workers comp’, however. the Workers Compensation and Injury Management Act 1981 refers to wages as ‘weekly payments’ and on acceptance of your claim the employer must begin to pay you on your normal payday for any periods of incapacity ( restricted duties/hours) up to the prescribed amount.
- The Prescribed Amount is the maximum amount payable over the life of the claim (in rare circumstances an extension can be sought) for weekly payments and there is a cap on the amount that can be paid every week which is known as ‘Amount C’.
- Amount C is set by Workcover at the beginning of July every year according to a particular formula contained in the Act.
- Weekly payments are calculated pursuant to a formula contained in Schedule 1 of the Act; however, there are many court decisions that also impact on the calculations. See: EG Green & Sons Pty Ltd v Sabourne  WASCA 172 for an example of complications that can arise.
- Basically, you are entitled to the normal pay for a week’s work under your Award or Agreement plus any overtime and allowances you worked in the 13 weeks prior to your first time off work due to an incapacity caused by the injury. Depending on your individual circumstances you should be paid that amount for at least 13 weeks into the future. The Act allows for some reductions in the weekly payments from the 14th week and continuing, however, you should seek legal advice if it happens.
- The calculations can be complicated, therefore, if it appears that the calculated rate is not correct legal advice should be sought.
If it appears that your weekly payments have not been calculated correctly or you are concerned as to any reduction in your weekly payments you can call us or make a free enquiry here and we can discuss your concerns free of charge.
What Else Impacts On Weekly Payments?
Your Workers Compensation entitlements are not just for those who are totally unfit for work, you are also entitled to be paid if you have some capacity to work but your injury requires you to work less hours or take time off for treatment. If you cant work your full pre-injury hours due to a related incapacity the employer should ‘top up’ the wages to the weekly payment amount.
- If you are required to change employment or shift to a lower paying job due to related incapacity your employer should top up the difference to the weekly payment amount.
- Any need for treatment requiring time off work should be paid.
The insurer/employer cannot just stop your weekly payments if there is any continuing incapacity they are required to follow certain rules.
What do I Do If Have Got A Letter From The Insurer Saying My Weekly Payments Are Going To Stop?
If you get a letter from the insurer/employer indicating that weekly payments are going to stop you need to act immediately as a letter of this type, if ignored, will stop your weekly payments.
When you are sent a letter of this type the insurer cannot just stop your weekly payments if you follow the correct procedure.
It is vital that you seek legal advice immediately if you receive such a letter; a delay of just days could mean the difference to receiving continuing weekly payments or not.
What Can You Do To Protect Yourself Now
While the information in these pages is relevant to your claim you could speak to a lawyer obligation free and at no cost instead of spending the next week looking around the web for more concise information.
It’s easy, you can call us on 08 6143 5200 or fill out an enquiry form here and we would be happy to discuss your workers compensation entitlements, including your weekly payment and statutory expenses, at no cost to you, over the phone or at your free appointment.
We guarantee that you will not have to pay for your consultation and if you are eligible for our No Win No Fee Solution* (as most work injuries are) we can continue to help you through the life of your claim without you having to pay for our legal advice out of your own pocket.
If you have already spoken to other lawyers about your workers compensation entitlements and they haven’t been able to take on your claim please give us a call to see if we can help you.