First Entitlement Period - Workers Comp NSW Weekly Payments

Last week, I provided a summary of the Workers Compensation Weekly Payments. Today, I will provide more details about the first entitlement period - the first 13 weeks.

This is a section of my presentation to the Northern Beaches Law Society recently.View the Workers Compensation Weekly Payments Overview pdf.The maximum weekly compensation amount is $1,838.70 (Section 34 Workers Compensation Act 1987).The weekly payment in the first entitlement period (first 13 weeks). (See Extract)Section 36 Weekly payments in first entitlement period (first 13 weeks)

1. The weekly payment of compensation to which an injured worker who has no current work capacity is entitled during the first entitlement period is to be at the rate of:

(a) (AWE × 95%) − D, orWhere AWE means the worker’s Pre-injury average weekly earnings, andD (or a deductible amount)(b) MAX − D,whichever is the lesser.2. The weekly payment of compensation to which an injured worker who has current work capacity is entitled during the first entitlement period is to be at the rate of:(a) (AWE × 95%) − (E + D), orWhere E means the amount to be taken into account as the workers earnings after the injury(b) MAX − (E + D),whichever is the lesser.The weekly payment in the second entitlement period is calculated in accordance with Section 37.(See Next Post)