Article Category - Workers' Compensation Claims Compensation Law By Angus Edwards 17 October 2018

If you have been injured at work you may be eligible to receive weekly payments depending on your capacity for work as a result of your work related injury.

SO HOW ARE WEEKLY BENEFITS CALCULATED?

Your entitlement to weekly benefits payments are divided into the following stages:

1. The “first entitlement period” being the first 13 weeks from the date of your injury.

During the first 13 weeks from the date of your injury, if you have no capacity for work then you are entitled to receive 95% of your pre injury average weekly earnings less any deductible amounts.

2. The “second entitlement period” being 14 to 130 weeks from the date of your injury.

After 14 weeks and up to 130 weeks from the date your injury, if you still have no capacity for work then you are entitled to receive 80% of your pre-injury average weekly earnings less any deductible amounts.

 

If you have a capacity to return to work for at least 15 hours per week then you are entitled to receive 95% of your pre-injury average weekly earnings less any deductible amounts.

If you have a capacity to work but are working less than 15 hours per week then you are entitled to receive 80% of your pre-injury average weekly earnings less any deductible amounts.

3. The “third entitlement period” being 130 weeks and more from the date of your injury.

After 130 weeks have passed from the date of your injury you will no longer have an entitlement to receive weekly benefits payments unless you have been assessed to meet a specific criterion.

Your ongoing entitlement to weekly payments can be affected by a work capacity decision made by the insurer and whether you are meeting your return to work obligations.

If you have been injured at work and need advice about your rights and entitlements, please call one of our experienced compensation team in Bathurst, Lithgow or Oberon on 1800 650 656. We're here to help!

Angus Edwards | Principal

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