First 13 Weeks

95% of worker's pre-injury average weekly earnings (PIAWE) or up to a maximum of $1330 or if injured after 5 April 2010, twice Victoria's average weekly earnings currently $1800; whichever is the lesser will be paid.

After the first 13 weeks oF incapacity up until 130 weeks

80% of the workers PIAWE or up to a maximum of $1330 or if injured after 5 April 2010, twice Victoria's average weekly earnings currently $1800; whichever is the lesser will be paid.

After 130 weeks (see notation below)

Weekly payments of compensation cease, unless the worker is classified as having no current work capacity, and is likely to continue to have no work capacity indefinitely.

IMPORTANT NOTE RELATING TO CLAIMS REACHING 130 WEEKS

 A worker who has a work capacity and is working not less than 15 hours and is earning at least $155, and because of the injury the worker is, and is likely to continue indefinitely to be physically and mentally incapable of undertaking further or additional work, may apply to the Authority for a determination that weekly payments do not cease.

In such cases weekly payments of 80% of the worker's Pre-Injury Average Weekly Earnings will be paid up to a maximum of $1330 or if injured after 5 April 2010, twice Victoria's average weekly earnings currently $1800 a week minus 80% of the worker's Current Weekly Earnings.

An application must be made to the Victorian WorkCover Authority claiming continuing weekly payments and the Victorian WorkCover Authority must agree to such continuation if the above criteria is met.

If the Victorian WorkCover Authority refuses to continue weekly payments their decision can be referred to the Accident Compensation Conciliation Service, which is the first step in the dispute resolution process.

Geoff Lewin
CPSU/SPSF WorkCover Services