Calculation of Weekly Payments
| PIAWE | pre-injury average weekly earnings | sections 44C – 44H | |
|---|---|---|---|
| Entitlement | Total — No current work capacity | Partial — Current work capacity | |
| Period 1 | i.e. not able to return to pre-injury work but able to return to work | ||
| in suitable employment | |||
| Weeks 1 to 13 | (PIAWE x 95%) – D, or | (PIAWE x 95%) – (E + D), or | |
| Section 36 | MAX – D | MAX – (E + D) | |
| whichever is the lesser | whichever is the lesser | ||
| In weeks 1 to 52 PIAWE equals pre-injury ordinary earnings including overtime and shift allowances | |||
| Entitlement | Total — No current work capacity | Partial — Current work capacity and | Partial — Current work capacity and |
| Period 2 | has returned to work for 15 or more | has returned to work for less than 15 | |
| hours pw | hours pw or has not returned to work | ||
| Weeks 14 to 52 | (PIAWE x 80%) – D, or | (PIAWE x 95%) – (E + D), or | (PIAWE x 80%) – (E + D), or |
| Section 37 | MAX – D | MAX – (E + D) | MAX – (E + D) |
| whichever is the lesser | whichever is the lesser | whichever is the lesser |
After 52 weeks PIAWE equals pre-injury ordinary earnings only (no overtime or shift allowance)
| Weeks 53 to 130 | (same formula) | (same formula) (same formula) |
|---|---|---|
| After entitlement | Total — No current work capacity | Partial — Current work capacity and: |
| Period 2 | likely to continue indefinitely |
has applied in writing for continuation of payments, and
| | | |
has returned to work for 15 or more hours pw, and earning > $155 pw, and
| | | |
likely to continue indefinitely to be unable to increase current weekly earnings.
| | | | Note 1. Entitlement subject to work capacity assessment except for workers with highest needs | | Weeks 131 to 260 | (PIAWE x 80%) – D, or | (PIAWE x 80%) – (E + D), or | | Section 38 | MAX – D | MAX – (E + D) | | | whichever is the lesser | whichever is the lesser |
No entitlement after 260 weeks unless worker assessed with more that 20% WPI
(in which case the same rates apply as in weeks 131 to 260)