Weekly Payments

If you are injured at work and are unable to perform your normal work hours, you are entitled to weekly compensation for lost wages. The amount you are paid and how long you are paid depends on several matters including:

  • Your pre-injury average weekly earnings (PIAWE);
  • Whether you worked overtime prior to your injury
  • How long you have been in receipt of payments; and
  • Your current work capacity.

Weekly payments are capped at twice the State average weekly earnings. As at July 2024, the maximum weekly rate payable was $2,800* (*indexed annually).

Your entitlement to weekly benefits is calculated at:

  • For the first 13 weeks following your injury: 95% of your PIAWE;
  • After 13 weeks: 80% of your PIAWE;
  • After 130 weeks:
  • 80% of your PIAWE if you have no current work capacity and this is likely to continue indefinitely; and
  • If you have reached 130 weeks of payments on your claim on or after 31 March 2024 you will need to meet an additional requirement that you have a whole person impairment of more than 20%, or
  • If you have returned to working at least 15 hours per week, are earning at least $240 per week and are likely to remain incapable of working beyond this level as a result of your work injury: 80% of your PIAWE less 80% of your actual earnings. For claims that reached 130 weeks on or after 31 March 2024, you must also have a more than 20% whole person impairment
  • If you have reached 130 weeks of payments on your claim on or after 31 March 2024 you will need to meet an additional requirement that you have a whole person impairment of more than 20% or more.

Given the new changes to the law in effect since 31 March 2024, we strongly recommend that you call for immediate legal advice if you have received a notice about your entitlement to weekly payments after 130 weeks or if your weekly payments have been terminated.

You are also entitled to receive superannuation contributions whilst in receipt of weekly payments after you have received weekly payments for 52 weeks.

Determining and calculating your weekly payment entitlements can be a complicated task that many WorkCover insurance companies calculate incorrectly. If you do not believe that your entitlements have been properly calculated by WorkCover, you should contact us immediately for advice.

FAQs

How long do weekly payments go for?

In most cases a worker will have an entitlement to weekly payments for up to 130 weeks if you have an incapacity to return to pre-injury duties. In some cases, weekly payments can continue until retirement age. In limited circumstances, an older worker may also have an entitlement to weekly payments after retirement age.

I have received a notice that I “have no reasonable prospects that I will meet a 20% impairment” – will my weekly payments stop?

Under the Victorian workers compensation law, weekly payments can be paid for up to 130 weeks provided you have an ongoing incapacity for employment. After 130 weeks the test changes so that in order for weekly payments to continue you will need to show that you have no current work capacity, which is likely to continue indefinitely. This includes an incapacity for any employment, not just the employment you had with your employer at the time you were injured.

Due to a recent change in the law, after 31st March 2024 you will also need to show that you have suffered a permanent impairment in excess of 20%. This is a very high threshold and means that it is difficult test to meet. For more information go to our impairment benefits web page. You may however be entitled to bring a lump sum claim.