New South Wales

Victoria

Queensland

Western Australia

South Australia

Tasmania

Northern Territory

Australian Capital Territory

C’wealth

Comcare

C’wealth Seacare

C’wealth

DVA

New Zealand

What pre-injury weekly earning includes

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 exceptions (see note)¹.

Yes, if regular and established.

Yes, if regular and required.

Yes, if regular and required.

Yes, if regular and required.

Military Rehabilitation and Compensation Act 2004 (MRCA) s5– Yes.

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) s4 & s8 – 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 are payable). s168

DRCA – No (some allowances are payable) s8.

No

Entitlements expressed as a percentage of pre-injury earnings for award wage earners^b

0–13 weeks (total incapacity)

95% (subject to max cap)*.

95% up to max

85% of NWE³ (or 100% under industrial agreement).

100%

100%

100%

s69B(1)(a)

100%

100%

100%

100%

MRCA s131 – 100%

DRCA s19– 100%

80%

14–26 weeks (total incapacity)

80% (subject to max cap)*.

80% up to max

85% of NWE³

(or 100% under industrial agreement)

100%

100%

100%

s69B(1)(a)

100%

100%

100%

100%

MRCA s131 – 100%

DRCA s19– 100%

80%

27–52 weeks (total incapacity)

80% (subject to max cap)*.

80% up to max

75% NWE or 70% QOTE³

100%

100%

90% (95% in some circumstances)

s69B(1)(b)

75–90%

65% or Stat Floor

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 — 75%

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 (total incapacity)

80% (subject to max cap)

80% up to max

75% NWE or 70% QOTE³

100%

80%

53–78 weeks 90% (or 95%),

s69B(1)(b)

79–104 weeks 80% (85% in some circumstances.

s69B(1)(c)

75–90%

65% or Stat Floor

75% or adjusted percentage

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 (total incapacity)

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 five 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) 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.

s69B(1)(c)

75–90%

Compensation ceases after 260 weeks unless 15% or greater WPI.

65% or Stat Floor.

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 $637,290 current from 1 July 2021 and indeed 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

$349,170 permanent impairment plus $395,550 gratuitous care.

$239,179 + up to $179,384 in special circumstances.

Lump sum of up to $372,614 –economic loss s55(8).

Lump sum of up to $502,497 – non economic loss s58(4).

Maximum lump sum payment of $396,001.30 (415 units, where units means the amount represented by the basic salary). The basic salary is currently $954.22. s71

$351,582.40 (208 times AWE) – s71.

For injuries prior to 15 October 1991, maximum $175,791.20 (104 times AWE).

$238,446 (CPI indexed)

$197,952.37

(Economic)

$ 74,232.18

(non-economic loss).

$197,952.37

(Economic)

$ 74,232.18

(non-economic loss).

MRCA (part 2)

Up to $363.09 per week (which can be converted to a maximum lump sum of up to $487,847.72).

$93,473.87 for each dependent child if on 80 or more impairment points.

$2,757.08 in compensation for financial and legal advice is also payable if on 50 or more impairment points.

DRCA (s24)

Lump sum up to $272,184.55 + $84,612.18 in cases of severe injury.

Up to $138,209.55 lump sum payment.

Limits—medical and hospital

Medical 1) if over 20% permanent impairment - No compensation period limit 2) if 11-20% permanent impairment, 5 years after weekly payments cease to be payable or from the date of claim if no weekly payments are payable 3) if <11% permanent impairment, 2 years after weekly payments cease to be payable or from the date of claim if no weekly payments are payable (see further s59A 1987 Act). Some medical treatment and services are exempt. See s59A, 1987 Act.

52 weeks from cessation of weekly payments⁴.

Medical — no limit. Hospital — 4 days (>4 days if reasonable).

$71,754 + $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%.

No limit

No limit

No limit

No limit

No limit

Special entitlements

—

—

Worker who has sustained an injury that is pneumoconiosis: up to $130,800 based on a graduated scale calculated on the basis of—

(a) the worker’s pneumoconiosis score; and

(b) the worker’s lodgement age.

—

—

—

—

—

—

—

—

—

Death entitlements (all jurisdictions pay funeral expenses to differing amounts)

$849,300 + $152.00 pw for each dependent child. Current from 1 October 2021

Funeral expenses: maximum $15,000.

$644,640 (shared) + pre-injury earnings-related pensions to a maximum of $2,570 pw for dependant partner/s and children.

$654,030 + $17,495 to dependant spouse + $34,960 for each dependant family member under 16 or student + $129.25 pw per child to spouse while children are under 6 yrs + $161.55 pw per dependent child/family member while children/family members under 16 yrs or a student.

$597,948 + $141 pw for each dependent child.

$502,497 + 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 $10,605.

Maximum lump sum payment of $396,001.30 + 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 $17,579.12 (20% of annual equivalent of AWE).

Death benefit $615,269.20 (364 times AWE).

Dependant children’s benefit $169.03 weekly payment per child (10% of AWE – maximum 10 children).

$583,419 (lump sum) cpi indexed + $160.45 (cpi indexed) pw for each dependent child.

Funeral expense: $12,603.88 (CPI indexed).

$583,419.44 lump sum +

$12,603.88 funeral + $160.45 pw for each dependent child.

$583,419.44 lump sum +

$6,854.27 funeral + $160.45 for each dependent child

MRCA

Dependent partner receives $485.00 + $155,789.79 additional compensation for service related death + for each dependent child ($93,473.87 lump sum + a periodic payment of $155.47 per week while the child remains an “eligible young person”) (s233, s234).

Up to $2,757.08 for financial and legal advice (s239)

A lump sum up to $93,473.87 is also payable for anyone who qualifies as an ‘other dependent’ (limited at $296,000.60) (s261).

DRCA

Additional death benefit lump sum for the surviving spouse of $64,410.31 + $94,672.88 for each dependent child + reimbursement up to $1,784.05 financial advice. Each dependant child receives $583,419.44 lump sum + $160.45 pw (s17 & s18).

Funeral compensation is also payable up to $12,603.88. (MRCA s265 & DRCA s18)

Up to $138,209.55 lump sum + Survivors grant of $6,668.03+ Funeral grant of $6,219.44.

Child care payments of $141.79 pw for one child, $85.07 pw each for two children, or $198.51 pw in total for three or more children.