Weekly payments for exempt workers and volunteers
Your worker may be eligible to receive weekly wage payments if they are suffering from a work-related injury which has resulted in total or partial incapacity for work, and loss of earnings due to the incapacity.
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Exempt workers: fire fighters, paramedics and police officers
Exempt workers: fire fighters, paramedics and police officers
Calculation of weekly payments
These workers are exempt from the 2012 and 2015 Amendments and not subject to a PIAWE calculation.
Calculation of your weekly payments are based on the following:
Average Weekly Earnings (AWE) or Current Weekly Wage Rate (CWWR)
- Average weekly earnings: this is the average amount received each week over a period (usually the last 12 months of employment, including overtime and shift allowances), or
- Current weekly wage rate: this applies when the injured worker is employed under an agreement that fixes a rate for a weekly or longer period. If no such agreement exists, the CWWR is calculated to be 80 per cent of average weekly earnings.
Your injured worker is to be paid based on which entitlement period of the claim they are in and what their current capacity to work is.
Entitlement periods for the claim
Payments when your injured worker is unable to work
1-26 weeks
If your injured worker is paid under an award, industrial or enterprise agreement, the weekly wage rate is calculated at 100 per cent of your CWWR.
If your injured worker is not employed under an award, industrial or enterprise agreement, the weekly wage rate is calculated at 80 per cent of your average weekly earnings (AWE).
27 weeks +
Your injured worker will be paid a fixed rate known as the statutory rate, or 90 per cent of the average weekly earnings, whichever is lesser.
The statutory rate is indexed twice a year in April and October.
Payments when your injured worker has returned to work
If your injured worker has partial capacity on their certificate of capacity and return to suitable work, they will earn income for the hours worked.
If their income is less that what they have earned, they will receive make-up pay. The make-up pay cannot exceed the amount they would earn if completely unfit
1-26 weeks
Your injured worker's weekly payments are calculated as the lesser of:
- average weekly earnings minus actual earnings, or
- the weekly amount that would be paid if totally incapacitated:
- current weekly wage rate (CWWR), or
- 80 per cent of average weekly earnings (AWE) if not employed under an award.
If CWWR is more than the maximum weekly compensation amount, the claims service provider will use the maximum weekly compensation amount to calculate the entitlements. This amount is indexed in April and October each year.
27 weeks +
The weekly payment is calculated as AWE minus actual earnings. This weekly payment is capped at the statutory rate and cannot be more than what they would earn if totally unfit.
Payments when your injured worker has partial capacity to work and suitable work is not available
This payment can be made to you when the injured worker has partial capacity to work but you are unable to provide suitable work. The injured worker must be making reasonable steps to obtain suitable employment.
1-26 weeks
For the first 26 weeks where they have partial incapacity, the injured worker may receive the current weekly wage rate (CWWR).
27 weeks +
For any period up to 52 weeks they may receive:
- The greater of 80 per cent of CWWR, or
- the statutory rate.
After this period, if the injured worker continues to have capacity to work, they may be able to receive make-up pay.
Volunteers
For volunteers prescribed by the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, such as rescue workers and bushfire, emergency and rescue service volunteers, or other voluntary work or unpaid employment.
Current weekly wage rate
Current weekly wage rate and average weekly earnings are similar to an exempt worker, with the following difference:
If the current weekly wage rate is less than the average weekly earnings, the current weekly wage rate is increased by the difference (in essence, the current weekly wage rate will be equal to the average weekly earnings) (Section 11 of the Workers Compensation (Bush fire, Emergency and Rescue Services) Act 1987).
Weekly payment calculation
The weekly compensation entitlement is the same as an exempt worker, with the following difference:
- There is no statutory maximum compensation under section 35 of the Workers Compensation Act 1987.
- Section 40 of the 1987 Act is to be read with the words "but not exceeding $1,000" excluded. This only impacts a claim where you have declined suitable employment provided by your employer (Section 11 of the Workers Compensation (Bush fire, Emergency and Rescue Services) Act 1987).
