| NSW | Vic | Qld | WA | SA | Tas | NT | ACT | C’wealth Comcare | C’wealth Seacare | C’wealth DVA | New Zealand | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| What pre-injury weekly earning includes1 | ||||||||||||
| Overtime | Yes, for workers injured on or after 26 October 2018 payments must include shift and overtime amounts | Yes, for first 52 weeks of weekly payments | Yes (NWE) | Yes, for the first 13 weeks. No from week 14 onward | Yes | No, with some exceptions2 | Yes, if regular and established. | Yes, if regular and required. (s25) | Yes, if regular and required. | Yes, if regular and required. | MRCA s5– Yes. | Yes |
| Bonuses | No | No | Yes | Yes, for the first 13 weeks. No from week 14 onward | Yes | No (s70(2)(ac)) | No | No | No (some allowances are payable) | No (some allowances are payable) | MRCA – No (some allowances payable) s168, s180 DRCA – No (some allowances payable) s8 | No |
| Entitlements expressed as a percentage of pre-injury earnings for award wage earners with total incapacity3 | ||||||||||||
| 0–13 weeks | 95% (subject to max cap)* | 95% up to max | 85% of NWE4 (or 100% under industrial agreement). | 100% | 100% | 100% | 100% | 100% (s39) | 100% | 100% | MRCA s131 – 100% DRCA s19– 100% | 80% |
| 14–26 weeks | 80% (subject to max cap)*. | 80% up to max | 85% of NWE4 (or 100% under industrial agreement) | 100% | 100% | 100% | 100% | 100% (s39) | 100% | 100% | MRCA s131 – 100% DRCA s19– 100% | 80% |
| 27–52 weeks | 80% (subject to max cap)*. | 80% up to max | 75% NWE or 70% QOTE4 | 100% | 100% | 90% (95% in some circumstances) | 75–90% | 65% or Stat Floor (s41) | 27–45 wks. 100%. 46–52 wks. 100% x adjustment percentage (75% if not employed, increasing in 5% increments until employee is working 100% of normal weekly hours). | 27–45 wks — 100%. 46–52 wks — 100% x adjustment percentage (75% if not employed, increasing in 5% increments until employee is working 100% of normal weekly hours).
| MRCA s131 27–45 wks. — 100% 46–52 wks. — 75% DRCA s19 27–45 wks. — 100%. 46–52 wks. — 75%. Payments are further reduced by any employer funded superannuation benefit (weekly equivalent if lump sum is involved) received, plus a 5% “notional” superannuation deduction under the DRCA where superannuation is being received. | 80% |
| 53–104 weeks | 80% (subject to max cap) | 80% up to max | 75% NWE or 70% QOTE4 | 100% | 80% | 53–78 weeks 90% (or 95%), 79–104 weeks 80% (85% in some circumstances | 75–90% | 65% or Stat Floor (s41) | 75% If an employee retires or is retired - 70% less any employer funded superannuation benefit (weekly equivalent if lump sum is involved) received. | 75% If an employee retires or is retired - 70% less any employer funded superannuation benefit (weekly equivalent if lump sum is involved) received. | MRCA s131 – 75% DRCA s19 – 75% Payments are further reduced by any employer funded superannuation benefit (weekly equivalent if lump sum is involved) received, plus a 5% “notional” superannuation deduction under the DRCA where superannuation is being received. | 80% |
| 104+ weeks | 80% (subject to max cap and subject to meeting requirements of s38 of Workers Compensation Act 1987. These provisions apply after week 130). After 260 weeks payments cease at 5 years unless permanent impairment of >20%. | 80% (up to max, subject to work capacity test after 130 weeks) | If >15% degree of permanent impairment can be demonstrated, 75% NWE or 70% QOTE, otherwise single pension rate4 | 100% | 80% for seriously injured workers (WPI of 30% or more psychiatric injury and 35% physical injury) s41(1). No entitlements for non-seriously injured workers s39(3) beyond 104 weeks. | 80% (or 85%) The maximum payment period varies according to the assessed percentage of whole person impairment. | 75–90% Compensation ceases after 260 weeks unless 15% or greater WPI. | 65% or Stat Floor. (s41) | 75% If an employee retires or is retired, 70% less any employer funded superannuation benefit (weekly equivalent if lump sum is involved) received. | 75% If an employee retires or is retired, 70% less any employer funded superannuation benefit (weekly equivalent if lump sum is involved) received. | MRCA s131 – 75% DRCA s19 – 75% Payments are further reduced by any employer funded superannuation benefit (weekly equivalent if lump sum is involved) received, plus a 5% “notional” superannuation deduction under the DRCA where superannuation is being received. | 80% |
| Other entitlements | ||||||||||||
| Permanent impairment | Date of injury on or from 5th August 2015 - maximum amount payable for permanent impairment is $713 660 current from 1 July 2023 and indexed on 1 July each year. Date of injury prior to 5th August 2015 maximum amount payable for permanent impairment is $220,000 (plus additional 5% for back impairment) | $644,640 | $380,580 permanent impairment plus $431,130 gratuitous care. | $252,724 + up to $189,543 in special circumstances | Lump sum of up to $539,281–economic loss s55(8). Lump sum of up to –$585,336 non economic loss s58(4). | Maximum lump sum payment of $417,394.55 (415 units, where units means the amount represented by the basic salary). The basic salary is currently $1,005.77. s71 | $369,387.20 (208 times AWE) – s71. For injuries prior to 15 October 1991, maximum $184,693.60(104 times AWE). | $174,369 single loss amount ($100,000 CPI indexed) – s49 $261,554 maximum loss amount ($150,000 CPI indexed) – s50 A worker who has suffered a loss is entitled to the percentage of the single loss amount mentioned in Schedule 1 (s51). A worker who has suffered 2 or more losses not entitled to receive more than the maximum loss amount for the losses (s53) | $220,861.39 (Economic) $ 82,823.06 (non-economic loss). | $220,861.39 (Economic) $ 82,823.06 (non-economic loss). | MRCA (part 2) Up to $405.11 per week (which can be converted to a maximum lump sum of up to $544,305.80). $104,291.61 for each dependent child if on 80 or more impairment points. $3,076.16 in compensation for financial and legal advice is also payable if on 50 or more impairment points. DRCA (s24) Lump sum up to $303,684.06 + $94,404.35 in cases of severe injury. | Up to $166,487.44 lump sum payment. |
| Limits—medical and hospital | Medical 1) over 20% permanent impairment - No compensation period limit 2) if 11-20% permanent impairment, 5 years after weekly payments cease or from the date of claim if no weekly payments payable 3) if <11% permanent impairment, 2 years after weekly payments cease or from the date of claim if no weekly payments payable s59A. Some medical treatment exempt. s59A | 52 weeks from cessation of weekly payments4. | Medical — no limit. Hospital — 4 days (>4 days if reasonable). | $75,817 + $50,000 in special circumstances. | No financial limit, but entitlements for non-seriously injured workers cease 1 year after end of weekly payments or 1 year after claim was made s33(20). For seriously injured workers, lifetime care and support s33(21). | No limit, but entitlements cease either after 1 year of weekly benefits cessation or 1 year after claim was made, unless the Tribunal makes a relevant determination s75. | No limit After 260 weeks of paid weekly compensation, medical entitlement ceases after a further 12 months if WPI is less than 15%. | The cost of medical treatment consisting of the repair or replacement of a worker’s contact lenses, crutches, prosthesis, spectacles or other artificial aid must not be more than $871.85 – s70 No other limit | No limit | No limit | No limit | No limit |
| Special entitlements | N/A | N/A | Worker who has sustained pneumoconiosis: up to $142,565 based on a graduated scale calculated on the basis of (a) the worker’s pneumoconiosis score; and (b) the worker’s lodgement age. | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
| Death entitlements | $901,600 + $161.40 pw for each dependent child. Current from 31 March 2023 Funeral expenses: maximum $15,000. | $713,780 (shared) + pre-injury earnings-related pensions to a maximum of $2,660 pw for dependant partner/s and children. | $712,855 + $19,070 to dependant spouse + $38,105 for each dependant family member under 16 or student + $140.90 pw per child to spouse while children are under 6 yrs + $176.10 pw per dependent child/family member while children/family members under 16 yrs or a student. | $631,810 + $149 pw for each dependent child. | 585,336+ Up to: 50% worker’s NWE for spouse 25% worker’s NWE for orphaned child 12.5% worker’s NWE for non-orphaned child. Funeral benefit: up to $12,353. | Maximum lump sum payment of $417,394.55 + 100% weekly payment— 0–26 weeks, 90% weekly payment — 27–78 weeks, 80% weekly payment — 79–104 weeks + 15% of the basic salary per week for each dependent child (currently $143.13 pw). s67A | Funeral $18,469.36 (20% of annual equivalent of AWE). Death benefit $646,427.60 (364 times AWE). Dependant children’s benefit $177.59 weekly payment per child (10% of AWE – maximum 10 children). | $617,131 lump sum to be divided between dependants (WPI indexed) + $169.72 per week for each dependant child Funeral expenses: $14,062.53 (CPI indexed) — s77 | $617,130.59 lump sum + $14,062.53 funeral + $169.72 pw for each dependent child. | $617,130.59 lump sum + $7,647.52 funeral + $169.72 for each dependent child | MRCA Dependent partner receives $558.15 pw + maximum of $173,819.34 for service-related death (s233, s234) Each dependent child receives $104,291.61 + $173.46 pw while they remain an “eligible young person” (s233, s251, s252, s253, s254) Up to $3,076.16 for financial and legal advice (s239) Lump sum up to $104,291.60 per person is payable to ‘other dependents’ (limited at $330,256.75 in total) (s261). Funeral compensation payable up to $14,062.53. (s265) DRCA Lump sum for dependants $617,130.59 (shared) Each dependent child receives $169.72 pw (s17)). Funeral compensation payable up to $14,062.53. (s18) Defence Act Lump Sum for Spouse $68,132.07 Lump Sum for dependent child $100,143.27 Reimbursement up to $1,990.52 financial advice | Up to $166,487.44 lump sum + Survivors grant of $8,032.33 + Funeral grant of $7,491.95 Child care payments of $170.80 pw for one child, $102.48 pw each for 2 children, or $239.13 pw in total for 3 or more children. |
1. Entitlements benefits in New South Wales, Western Australia, Victoria, Tasmania, Queensland, Northern Territory, Australian Capital Territory and New Zealand do not include superannuation contributions. Compensation in the form of superannuation contribution is payable in Victoria after 52 weeks of weekly payments.
2. No, unless overtime was a requirement of the worker’s contract of employment, the overtime was worked in accordance with a regular and established pattern and in accordance with a roster, the pattern was substantially uniform as to the number of overtime hours worked and the worker would have continued to work overtime in accordance with the established pattern if the worker had not been incapacitated s70(2)(ab).
3. Payment thresholds and specific benefit arrangements may also apply. The relevant jurisdiction should be contacted directly if further information is required.
4. NWE — normal weekly earnings (except South Australia where NWE denotes notional weekly earnings), QOTE — the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year, or, if that amount is less than QOTE for the previous financial year—the amount that is QOTE for the previous financial year.
* NSW Exemptions:
- police officers, paramedics and fire fighters
- workers injured while working in or around a coal mine
- bush fire fighter and emergency service volunteers (Rural Fire Service, Surf Life Savers, SES volunteers), and
- people with a dust disease claim under the Workers’ Compensation (Dust Diseases) Act 1942.
Claims by these exempt workers continue to be managed and administered as though the June 2012 changes never occurred.