Saturday, 7 June 2008

Weekly Benefits - VWA

What benefits does WorkSafe pay?

A worker must complete a WorkSafe Worker's Claim Form if they require time off work or medical treatment because of a work-related injury or illness and want to claim WorkSafe benefits. The types of benefits that can be claimed include the following:

Weekly benefits
If a claim for weekly benefits was received by your WorkSafe agent on or after 1 January 2005, payment of weekly benefits will be made at the following rates.
For weekly benefits prior to this date, contact your WorkSafe agent or the Advisory Service on (03) 9641 1444 or toll free 1800 136 089.

WorkSafe pays weekly benefits until an injured worker can return to pre-injury work. The benefits are highest during the first 13 weeks. Most injured workers return to work well before this. Weekly benefits are based on the worker's rate of pay for the number of hours they normally worked per week.

Benefits for the first 26 weeks may also include overtime and shift allowance, subject to some conditions. Your WorkSafe agent will advise you if overtime and/or shift allowance is included in the calculation of weekly benefits.

Weekly benefits are also influenced by the worker's current work capacity. This establishes whether the worker can return to suitable employment, even if it is not the exact job he or she was doing before the injury or disease. If they can't work at all they have no current work capacity.

No current work capacity
If the worker has no 'current work capacity' (meaning they cannot do any work because of a work-related injury or illness) they are entitled to receive: for the first 13 weeks: 95% of their pre-injury pay, to a maximum of $1,210* a week.
14 weeks to 130 weeks: 75% of their pre-injury pay, to a maximum of $1,210* a week.
after 130 weeks: 75% of their pre-injury pay (to a maximum of $1,210* a week) if they still cannot work and this is not likely to change. Payments may continue until retirement age unless there is a change in the worker's capacity.*Correct at July 2007 - indexed annually

Current work capacity
If the worker has a 'current work capacity' (which means they can undertake some work of a more limited nature or in a more limited fashion than they would usually) they are entitled to receive: for the first 13 weeks if they have returned to work - 95% of their pre-injury pay, to a maximum of $1,210* a week, less what they are currently earning a week; or if they have not yet returned to work - 95% of their pre-injury pay, to a maximum of $1,210* a week.

14 weeks to 130 weeks:
if they have returned to work – 75% of their pre-injury pay, to a maximum of $1,210* a week, less 75% of what they are currently earning a week; if they have not returned to work – 75% of their pre-injury pay, to a maximum of $1,210* a week;

A worker can apply to WorkSafe for their weekly payments to continue beyond 130 weeks, if they meet the following conditions: they have returned to work and are working at least 15 hours a week and earning $141* or more a week, and because of their injury, they are likely to remain physically or mentally incapable of working beyond this level, in any job.

If the worker meets both these conditions, their weekly payments will be: 75% of their pre-injury pay, to a maximum of $1,210* a week, less 75% of what they currently earning a week.*Correct at July 2007 - indexed annually

In exceptional circumstances, WorkSafe may deduct an amount that the worker could be capable of earning if they would have returned to work.

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