Pension Age – Section 52
| Date of Birth | Women | Men | Date of Birth | Women | Men |
|---|---|---|---|---|---|
| 01.01.1940 – 30.06.1941 | 62 | 65 | 01.01.1949 – 30.06.1952 | 65 | 65 |
| 01.07.1941 – 31.12.1942 | 62.5 | 65 | 01.07.1952 – 31.12.1953 | 65.5 | 65.5 |
| 01.01.1943 – 30.06.1944 | 63 | 65 | 01.01.1954 – 30.06.1955 | 66 | 66 |
| 01.07.1944 – 31.12.1945 | 63.5 | 65 | 01.07.1955 – 31.12.1956 | 66.5 | 66.5 |
| 01.01.1946 – 30.06.1947 | 64 | 65 | 01.01.1957 and after | 67 | 67 |
| 01.07.1947 – 31.12.1948 | 64.5 | 65 |
Maximum Weekly Payment – Section 34
| 01.10.2012 | $1,868.50 |
|---|---|
| 01.04.2013 | $1,903.70 |
| 01.10.2013 | $1,924.30 |
| 01.04.2014 | $1,948.80 |
| 01.10.2014 | $1,974.00 |
| 01.04.2015 $1,999.30 | |
| 01.10.2015 $2,016.10 | |
01.04.2016 $2,042.80
| | | 01.10.2016 $2,058.10 |
Permanent Impairment Compensation – Section 66 NEW TABLE TO BE ADDED
Applying to claims made on or after 5 August 2015
| WPI | 05.08.2016 to 30.06.2016 | 01.07.2016 to 30.06.2017 |
|---|---|---|
| 1% to 10% | Nil | Nil |
| 11% | $22,480 | $22,770 |
| 12% | $25,420 | $25,750 |
| 13% | $ | $ |
| 14% | $ | $ |
| 15% | $ | $ |
| 16% | $ | $ |
| 17% | $ | $ |
| 18% | $ | $ |
| 19% | $ | $ |
| 20% | ||
| 21% | ||
| 22% | ||
| 23% | ||
| 24% | ||
| 255 | ||
| 26% | ||
| 27% | ||
| 28% | ||
| 29% | ||
| 30% | ||
| 31% | ||
| 32% | ||
| 33% | ||
| 34% | ||
| 35% | ||
| 36% | ||
| 37% | ||
| 38% | ||
| 39% | ||
| 40% | ||
| 41% | ||
| 42% | ||
| 43% | ||
| 44% | ||
| 45% | ||
| 46% | ||
| 47% | ||
| 48% | ||
| 49% | ||
| 50% | ||
| 51% - 55% | ||
| 56% - 60% | ||
| 61% - 65% | ||
| 66% - 70% | ||
| 71% - 74% | ||
| 75% or more |
Permanent Impairment Compensation – Section 66
Applying to claims made on or after 19 June 2012 to 4 August 2015
| wpi | wpi | wpi | wpi | wpi | wpi | wpi | wpi | ||
|---|---|---|---|---|---|---|---|---|---|
| 1% | $0 | 11% $15,400 | 21% $33,000 | 31% $60,500 | 41% $89,100 | 51% $127,600 | 61% $166,100 | 71% | $204,600 |
| 2% | $0 | 12% $17,050 | 22% $35,750 | 32% $63,250 | 42% $92,950 | 52% $131,450 | 62% $169,950 | 72% | $208,450 |
| 3% | $0 | 13% $18,700 | 23% $38,500 | 33% $66,000 | 43% $96,800 | 53% $135,300 | 63% $173,800 | 73% | $212,300 |
| 4% | $0 | 14% $20,350 | 24% $41,250 | 34% $68,750 | 44% $100,650 | 54% $139,150 | 64% $177,650 | 74% | $216,150 |
| 5% | $0 | 15% $22,000 | 25% $44,000 | 35% $71,500 | 45% $104,500 | 55% $143,000 | 65% $181,500 | 75% | $220,000 |
| 6% | $0 | 16% $23,650 | 26% $46,750 | 36% $74,250 | 46% $108,350 | 56% $146,850 | 66% $185,350 | 75%+ | $220,000 |
| 7% | $0 | 17% $25,300 | 27% $49,500 | 37% $77,000 | 47% $112,200 | 57% $150,700 | 67% $189,200 | ||
| 8% | $0 | 18% $26,950 | 28% $52,250 | 38% $79,750 | 48% $116,050 | 58% $154,550 | 68% $193,050 | ||
| 9% | $0 | 19% $28,600 | 29% $55,000 | 39% $82,500 | 49% $119,900 | 59% $158,400 | 69% $196,900 | ||
| 10% | $0 | 20% $30,250 | 30% $57,750 | 40% $85,250 | 50% $123,750 | 60% $162,250 | 70% $200,750 |
Permanent Impairment Compensation – Section 66
Applying to injuries on and after 1 January 2007 to 18 June 2012*
| wpi | wpi | wpi | wpi | wpi | wpi | wpi | wpi | ||
|---|---|---|---|---|---|---|---|---|---|
| 1% | $1,375 | 11% $15,400 | 21% $33,000 | 31% $60,500 | 41% $89,100 | 51% $127,600 | 61% $166,100 | 71% | $204,600 |
| 2% | $2,750 | 12% $17,050 | 22% $35,750 | 32% $63,250 | 42% $92,950 | 52% $131,450 | 62% $169,950 | 72% | $208,450 |
| 3% | $4,125 | 13% $18,700 | 23% $38,500 | 33% $66,000 | 43% $96,800 | 53% $135,300 | 63% $173,800 | 73% | $212,300 |
| 4% | $5,500 | 14% $20,350 | 24% $41,250 | 34% $68,750 | 44% $100,650 | 54% $139,150 | 64% $177,650 | 74% | $216,150 |
| 5% | $6,875 | 15% $22,000 | 25% $44,000 | 35% $71,500 | 45% $104,500 | 55% $143,000 | 65% $181,500 | 75% | $220,000 |
| 6% | $8,250 | 16% $23,650 | 26% $46,750 | 36% $74,250 | 46% $108,350 | 56% $146,850 | 66% $185,350 | 75%+ | $220,000 |
| 7% | $9,625 | 17% $25,300 | 27% $49,500 | 37% $77,000 | 47% $112,200 | 57% $150,700 | 67% $189,200 | ||
| 8% | $11,000 | 18% $26,950 | 28% $52,250 | 38% $79,750 | 48% $116,050 | 58% $154,550 | 68% $193,050 | ||
| 9% | $12,375 | 19% $28,600 | 29% $55,000 | 39% $82,500 | 49% $119,900 | 59% $158,400 | 69% $196,900 | ||
| 10% | $13,750 | 20% $30,250 | 30% $57,750 | 40% $85,250 | 50% $123,750 | 60% $162,250 | 70% $200,750 |
Applying to injuries on and after 1 January 2002 to 31 December 2006*
| wpi | wpi | wpi | wpi | wpi | wpi | wpi | wpi | ||
|---|---|---|---|---|---|---|---|---|---|
| 1% | $1,250 | 11% $14,000 | 21% $30,000 | 31% $55,000 | 41% $81,000 | 51% $116,000 | 61% $151,000 | 71% | $186,000 |
| 2% | $2,500 | 12% $15,500 | 22% $32,500 | 32% $57,500 | 42% $84,500 | 52% $119,500 | 62% $154,500 | 72% | $189,500 |
| 3% | $3,750 | 13% $17,000 | 23% $35,000 | 33% $60,000 | 43% $88,000 | 53% $123,000 | 63% $158,000 | 73% | $193,000 |
| 4% | $5,000 | 14% $18,500 | 24% $37,500 | 34% $62,500 | 44% $91,500 | 54% $126,500 | 64% $161,500 | 74% | $196,500 |
| 5% | $6,250 | 15% $20,000 | 25% $40,000 | 35% $65,000 | 45% $95,000 | 55% $130,000 | 65% $165,000 | 75% | $200,000 |
| 6% | $7,500 | 16% $21,500 | 26% $42,500 | 36% $67,500 | 46% $98,500 | 56% $133,500 | 66% $168,500 | 75%+ | $200,000 |
| 7% | $8,750 | 17% $23,000 | 27% $45,000 | 37% $70,000 | 47% $102,000 | 57% $137,000 | 67% $172,000 | ||
| 8% | $10,000 | 18% $24,500 | 28% $47,500 | 38% $72,500 | 48% $105,500 | 58% $140,500 | 68% $175,500 | ||
| 9% | $11,250 | 19% $26,000 | 29% $50,000 | 39% $75,000 | 49% $109,000 | 59% $144,000 | 69% $179,000 | ||
| 10% | $12,500 | 20% $27,500 | 30% $52,500 | 40% $77,500 | 50% $112,500 | 60% $147,500 | 70% $182,500 |
wpi = whole person impairment
For injuries on and after 1 January 2006, section 66 compensation for permanent impairment of the back is increased by 5%.
*Pain and Suffering Compensation – section 67 Maximum $50,000
(not payable unless a claim for s66 or s67 was made before 19 June 2012)
| Table of Disabilities – Section 66(1) | ||
|---|---|---|
| Loss or impairment | Loss or impairment | |
| Power of speech $60,000 | Middle finger of either hand | $12,000 |
| Sense of smell $17,000 | 2 joints of middle finger | $10,000 |
| Sense of taste $17,000 | First joint of middle finger | $6,000 |
| Hearing of both ears $65,000 | Little or ring finger of either hand | $11,000 |
| Hearing of one ear $20,000 | 2 joints of little or ring finger | $9,000 |
| Sight of both eyes $100,000 | First joint of little or ring finger | $6,000 |
| Sight of an only eye $100,000 | Either leg at or above the knee | $75,000 |
| Sight of one eye, with serious diminution of sight of the other $75,000 | Either leg below knee | $70,000 |
| Sight of one eye $40,000 | Foot | $65,000 |
| Binocular vision (where not otherwise compensable) $40,000 | Great toe | $22,000 |
| Eyeball (in addition to loss of sight) $22,000 | Joint of great toe | $10,000 |
| Right arm at or above elbow $80,000 | Any other toe | $6,000 |
| Right arm below elbow $75,000 | Sexual organs | $47,000 |
| Left arm at or above elbow $75,000 | Both breasts | $47,000 |
| Left arm below elbow $70,000 | One breast | $30,000 |
| Right hand $70,000 | Penis | $47,000 |
| Left hand $65,000 | One testicle | $10,000 |
| Thumb of right hand $30,000 | Both testicles | $47,000 |
| Thumb of left hand $26,000 | Brain damage* | $100,000 |
| Joint of the thumb $16,000 | Back impairment | $0-60,000 |
| Forefinger of right hand $21,000 | Neck impairment | $0-40,000 |
| Forefinger of left hand $18,000 | Pelvis impairment | $0-15,000 |
| 2 joints of right forefinger $16,000 | Severe facial disfigurement* | $0-26,000 |
| 2 joints of left forefinger $12,000 | ...after 1.9.94 increased to | $0-80,000 |
| First joint of right forefinger $10,000 | Severe bodily disfigurement* | $0-22,000 |
| First joint of left forefinger $9,000 | ...after 1.9.94 increased to | $0-50,000 |
| Bowel function $0-65,000 | HIV or AIDS | $100,000 |
*(being an injury which is not, or is not wholly, an injury otherwise compensable)
Maximum payable for multiple losses from one injury – section 66(2) $121,000 Maximum payable for pain and suffering – section 67 $50,000
(not payable unless a claim for s66 or s67 was made before 19 June 2012)
Note: The above rates apply to claims for permanent loss compensation where the date of injury is after 1 February 1992 but before 1 January 2002.
| Disputing Liability – Statutory References | ||
|---|---|---|
| Ground | WCA | WIM |
| Making a claim | ||
| Notice of injury not given as soon as practicable, or insufficient information | 44(1), 254, 255 | |
| Notice of incapacity, treatment etc. not given as soon as practicable | 257 | |
| Claim not made, or not in accordance with SIRA Guidelines | 260 | |
| Claim not made within 6 months after the injury | 261 | |
| Worker | ||
| Not a worker | 4 | |
| Not a deemed worker as defined in Schedule 1 | Sch. 1 | |
| Working director not entitled to compensation if policy for full amount of liability not maintained by corporate employer | s4A | |
| Injury | ||
| No injury (excluding disease) that arose out of or in course of employment | 4(a) | |
| No disease contracted or aggravated in employment | 4(b) | |
| Employment not main contributing factor to contraction or aggravation of disease | 4(b) | |
| Employment not a substantial contributing factor to injury | 9A | |
| Nature of employment did not increase risk of heart attack or stroke injury | s9B | |
| Excluded psychological injury | ||
| Psychological injury due to reasonable action taken or proposed by employer | 11A | |
| Journey injury | ||
| Injury attributable to serious and wilful misconduct of worker, or under influence of alcohol or drug | 10(1A), 10(1B) | |
| Injury not sustained on journey covered by s10 | 10 | |
| No real and substantial connection between employment and the accident or incident out of which the personal injury arose | 10(3A) | |
| Injury not sustained during an ordinary recess or authorised absence from workplace | 11 | |
| Excluded injuries | ||
| Acting contrary to instructions and act not done in connection with employer’s business | 14(1) | |
| Serious and wilful misconduct of employee | 14(2) | |
| Injury intentionally self-inflicted | 14(3) | |
| Incapacity | ||
| No entitlement to weekly benefit because no incapacity – fully recovered | 33 | |
| Incapacity for work not resulting from compensable injury | 33 | |
| Degree of incapacity disputed | 33 |
Rates of Compensation
Disputing Liability – Statutory References
| Ground | WCA | WIM |
|---|---|---|
| Weekly compensation | ||
| No entitlement to weekly payments after 5 years | 39A | |
| No entitlement to compensation after reaching retiring age | 52 | |
| No entitlement to weekly compensation after leaving Australia, unless incapacity certified as permanent | 53 | |
| Weekly payments suspended for failure to attend or not participate in work capacity assessment | s44A | |
| Weekly payments discontinued for failure to supply certificate of capacity and declaration | s44B | |
| Rehabilitation | ||
| Entitlement to compensation suspended due to employee’s unreasonable refusal to undergo medical assessment | 119 | |
| Weekly payments suspended or terminated due to not complying with return to work obligations | 48, 48A | |
| Medical expenses | ||
| No treatment expenses payable after 12 months from last weekly payment | 59A | |
| Treatment not related to work injury or not reasonably required | 60 | |
| Treatment not pre-approved by insurer | 60(2A) | |
| Cost of treatment not reasonable or exceeds approved rate | 60A, 61 | |
| Travel for medical treatment | ||
| Travel for medical treatment not reasonably required or not substantiated | 60 | |
| Domestic assistance | ||
| Services do not satisfy criteria under the section | 60AA | |
| Domestic assistance not reasonably required as a result of injury | 60AA | |
| Cost of domestic assistance not reasonable | 60AA | |
| Property loss or damage | ||
| Accident causing loss or damage did not arise out of or in the course of employment | 74, 75 | |
| Loss or damage due to serious and wilful misconduct of employee | 78 | |
| Permanent impairment compensation | ||
| No permanent impairment resulting from injury, or degree of impairment disputed | 66 | |
| No entitlement for primary psychological injury if less than 15% WPI or for secondary psychological injury | 65A | |
| No entitlement unless impairment more than 10% WPI | 66 | |
| Death claims | ||
| Death did not result from injury arising out of or in course of employment | 25 | |
| No dependent child | 25 | |
| Funeral costs exceed statutory maximum | 26 | |
| Damages recovered | ||
| Entitlement to compensation ceases when employee recovers damages in respect of injury | 151A, 151Z |
Workers Compensation Act 1987 Schedule 3 Table © NSW Government
| Item | Class of worker at time of injury | Calculation of pre-injury average weekly earnings |
|---|---|---|
| 1 | Worker who is: | (a) Until the worker attains the age or stage or, but for the injury, would have attained the stage at which the highest rate is payable-the worker’s pre-injury average weekly earnings are the earnings that the worker would have been entitled to receive in respect of a relevant week if the worker had not sustained the injury and had continued in the employment. |
| 2 | Worker employed by 2 or more employers and who works for one of those employers for at least the ordinary hours fixed in any applicable fair work instrument. | The worker’s pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part 3 with reference to the work for the employer for whom the worker works for at least the ordinary hours fixed in the fair work instrument. |
| 3 | Worker employed by 2 or more employers who works for one of those employers for at least the prescribed number of hours each week and to whom no fair work instrument is applicable. | The worker’s pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part 3 with reference to the work for the employer for whom the worker works for at least the prescribed number of hours. |
| 4 | Worker employed by 2 or more employers for at least the ordinary hours fixed in any applicable fair work instrument. | The worker’s pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part 3 with reference to the work which yields the higher weekly ordinary earnings. |
| 5 | Worker employed by 2 or more employers who works for one of those employers for at least the ordinary hours fixed in an applicable fair work instrument and works for another of those employers for at least the prescribed number of hours each week. | The worker’s pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part 3 with reference to the work which yields the higher weekly ordinary earnings. |
| 6 | Worker employed by 2 or more employers for at least the prescribed number of hours each week and to whom no fair work instrument is applicable. | The worker’s pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part 3 with reference to the work which yields the higher weekly ordinary earnings. |
| 7 | Worker employed by 2 or more employers who sustains an injury that results in an incapacity to work for one or more of those employers but not for all those employers. | The worker’s pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part 3 with reference to earnings from work with all the employers. |
| 8 | Worker employed by 2 or more employers in circumstances other than those described in the preceding provisions of this Schedule. | The worker’s pre-injury average weekly earnings are the worker’s average ordinary earnings expressed as an amount per hour for all work carried out by the worker for all employers multiplied by:(a) the prescribed number of hours per week, or(b) the total of the worker’s ordinary hours per week, whichever is the lesser. |
| 9 | Worker who, during the period of 52 weeks immediately before the injury, receives advice in writing from the employer that the worker is to be promoted or otherwise appointed to a new position (otherwise than on a temporary basis) with the effect that the worker’s ordinary earnings will be increased but has not been so promoted or appointed. | The worker’s pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part 3 with reference to the amount that is the average of the earnings expressed as a weekly sum that the worker could reasonably be expected to have earned after the promotion or appointment had taken effect as if the promotion or appointment had taken effect 52 weeks before the injury. |