Understanding WorkCover Weekly Payments for Injured Workers in NSW
When you’re injured at work and unable to perform your normal duties, WorkCover provides financial support through weekly payments. Understanding how these payments are calculated, how long they last, and what your obligations are can help you manage your finances during recovery.
This guide explains the WorkCover weekly payment system for injured workers in New South Wales.
What Are WorkCover Weekly Payments?
Weekly payments are income replacement benefits paid to workers who have reduced earning capacity as a result of a work-related injury. These payments help cover your living expenses while you’re recovering and either unable to work or working reduced hours.
You’re entitled to weekly payments if your injury results in total or partial incapacity for work, and your claim has been accepted by the WorkCover insurer. The payments begin from the first day you’re unable to work due to your injury.
There’s no waiting period for WorkCover weekly payments in NSW, unlike some other compensation schemes. If you’re injured on a Monday and unable to work from that day, your payments should commence from Monday.
How Weekly Payments Are Calculated
The amount you receive depends on your pre-injury average weekly earnings (PIAWE) and your current work capacity. Your PIAWE is calculated based on your earnings in the 12 months before your injury, or the period you were employed if less than 12 months.
For the first 13 weeks after your injury, you’re entitled to 95% of your PIAWE if you’re totally unable to work. If you can perform some work duties in a reduced capacity, you’ll receive 95% of the difference between your PIAWE and your current weekly earnings.
From week 14 to week 130 (approximately 2.5 years), the payment rate changes to 80% of your PIAWE if you remain unable to work. If you’re working in a reduced capacity during this period, you receive 80% of the difference between your PIAWE and current earnings, plus your actual earnings.
After 130 weeks, weekly payments can continue if you meet specific work capacity requirements, but the rules become more complex and depend on your ability to perform any type of work, not just your pre-injury role.
Work Capacity Assessments
Your WorkCover insurer will regularly assess your capacity for work throughout your claim. This involves reviewing medical certificates, reports from your treating practitioners, and may include independent medical examinations.
A work capacity decision outlines what work you can do, how many hours you can work, and any restrictions or modifications needed. This decision directly affects your weekly payment amount.
Your physiotherapist plays an important role in these assessments by providing functional capacity information based on your clinical progress, physical capabilities, and any ongoing restrictions related to your injury.
If you disagree with a work capacity decision, you have the right to request an internal review and, if necessary, appeal to the Personal Injury Commission.
Return to Work and Weekly Payments
WorkCover encourages an early, graded return to work. You can return to work in a modified capacity while still receiving weekly payments to make up the difference in your earnings.
Common return-to-work arrangements include reduced hours, modified duties, or a graduated increase in work load over time. Your physiotherapist can help develop a return-to-work plan that matches your current physical capacity and injury status.
If suitable alternative duties aren’t available with your employer, the insurer may assist in finding alternative employment or provide vocational rehabilitation services.
Payment Periods and Time Limits
Weekly payments can continue for up to five years after your injury, provided you meet the ongoing eligibility criteria. However, the requirements to continue receiving payments become progressively stricter after the first 130 weeks.
After 260 weeks (five years), payments generally cease unless you have no current work capacity and are likely to continue having no work capacity indefinitely. This is a high threshold that requires strong medical evidence.
If your weekly payments are discontinued and your condition subsequently deteriorates, you may be able to reapply for payments within certain time frames.
Your Obligations While Receiving Weekly Payments
You must participate in your rehabilitation and return-to-work planning. This includes attending medical appointments, complying with treatment recommendations, and engaging with any vocational rehabilitation programs.
Provide accurate information about your work capacity and earnings. If you return to work or your circumstances change, notify the insurer immediately. Failure to do so can result in overpayments that you’ll need to repay, and may affect your ongoing entitlements.
You must also attend any independent medical examinations reasonably requested by the insurer, although you’re entitled to have a support person present.
If you’re receiving weekly payments and have questions about your entitlements, or need physiotherapy treatment to support your recovery and return to work, we can help. Our team understands the WorkCover system and works closely with injured workers throughout the Inner West.
Hello@sportsfithealthandrehab.com.au 02 8054 3775