UNOFFICIAL OHS DATABASE
Benefits paid under the Workers Compensation Act 1987 are as follows:
Scenario: Unfit for work
Section: 36
Period: 26 weeks
Benefit: Award rate only. If no award then 80% of weekly wage (not
including penalties or overtime).
Plus medical expenses.
Provisos: Provide medical certificate, accepted by insurance company.
Scenario: Unfit for work 26 weeks after injury
Section: 37
Period: After 26 weeks for an indefinite period to one year after retirement age (65)
Benefit: Statutory rate - varies according
to dependants (min rate = $301.40 pw) plus medical expenses
Provisos: Provide medical certificate, accepted by insurance company.
Scenario: Fit for suitable / restricted duties but employer can't provide any
Section: 38
Period: 52 weeks
Benefit: If within first 26 weeks after injury - award rate. Thereafter 80% of award. If
no award then 80% of 80% of weekly pay rate.
Provisos: · Provide medical certificate, accepted by insurance company.
· Comply with rehabilitation plan - attend mendical appointments, job seeking.
· See "section 40 assessment" below.
Scenario: Working suitable / restricted duties
Section: 40
Period: Indefinite to one year after retirement age (65)
Benefit: · Make-up pay to pre-injury wage, if suitable / restricted duties are less than
pre-injury wage
(including overtime & penalties).
· Section 40 payments cannot exceed what a worker would be entitled to under section 36
benefits.
Provisos: · Provide medical certificates, accepted by insurance company.
· Comply with rehabilitation plan - attend mendical appointments, job seeking.
· If working reduced hours, treatment to be arranged outside of work hours.
Scenario: Exhausted benefits under section 38
Section: 40 (section 40 assessment)
Period: Indefinite period to one year after retirement age (65)
Benefit: Assessment made by insurance company doctor. Paid difference only between
pre-injury wage
and what you are capable of earning with injury restrictions.
Provisos: Provide medical certificate, accepted by insurance company.
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Workers
Compensation information from WorkCover NSW:
· Workers
compensation benefits
· making
a workers
compensation claim
·
making a claim
for permanent impairment