Insurance and Care NSW (icare) is inviting injured workers who received weekly workers compensation payments between October 2012 and October 2019 in NSW to come forward if they believe they may have been underpaid their weekly entitlements by their insurer.
To find out if you are eligible for an assessment of your PIAWE determination and the resulting weekly workers compensation payments between 2012 and 2019, register your details via our online form.
What is Pre-injury Average Weekly Earnings (PIAWE)?
Pre-Injury Average Weekly Earnings (PIAWE) is the income that an injured worker earned over the 52-week period prior to their injury. The calculation of PIAWE is used to determine the amount of weekly payments made to a person for a work-related injury while they are unable to work, as part of their workers compensation claim in NSW.
What is the problem with weekly workers compensation payments from 2012–2019?
Some workers may not have been paid their correct weekly payments as a result of the volume of information required and the complex process to determine PIAWE for these entitlements.
Employers found it difficult to provide insurers with the required data and information to determine an injured worker's PIAWE, and insurers were only able to pay an injured workers' weekly payments based on the information provided to them by employers.
In addition, under the legislation, insurers must assess and commence provisional weekly payments within seven days of being notified of an injury. Because of this short timeframe, initial payments were often based on incomplete information and in many cases were later recalculated and payments adjusted.
Why is icare inviting workers to apply for an assessment of their weekly workers compensation payments from 2012-2019?
We want to ensure that workers have been paid correctly. In 2019 icare identified potential issues in the determination of PIAWE for some of the people we support through our workers compensation scheme in NSW. That is why we are inviting workers to have their PIAWE assessed, in case they were underpaid and are owed money.