3.3.1 Count weekly payments
A week count as opposed to a day count is required to calculate a worker’s entitlement to weekly payments. A ‘week’ is deemed to be the period Saturday to Friday.
Each week in which any amount of compensation in the form of weekly payments or weekly payments of pension or superannuation contributions is paid or payable, whether for all or part of that week and whether consecutive or not, should be counted as one week to calculate 13 weeks, 26 weeks, 52 weeks, 104 weeks and 130 weeks.
Example
A worker ceases work on a Thursday and remains incapacitated throughout the next week and returns to full pre-injury duties the following Tuesday.
Week 1 – Thursday & Friday
Week 2 – Monday to Friday
Week 3 – Monday
The worker has received three weeks of weekly payments.
First 10 days needs to be included
The legislation provides that where the entitlement to compensation has been established, the employer is required to pay the first 10 days of time lost. This period is included in the week count, on the same basis as above.
3.3.2 First entitlement period
For claims received after 11 November 1997 the first entitlement period First entitlement period, in relation to a claim for compensation in the form of weekly payments made by a worker means an aggregate period not exceeding 13 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker means an aggregate period not exceeding 13 weeks (whether or not consecutive) for which a weekly payment has been paid or is payable.
For claims received before 12 November 1997 the first entitlement period means an aggregate period of 26 weeks (whether or not consecutive) after the worker became entitled to compensation in the form of weekly payments.
3.3.3 Second entitlement period
For claims received on or after 1 January 2005
Means an aggregate period of 117 weeks (whether or not consecutive) after the expiry of the first entitlement period (total of 130 weeks).
For claims made on or after 12 November 1997 but received before 1 January 2005
Means an aggregate period of 91 weeks (whether or not consecutive) after the expiry of the first entitlement period (total of 104 weeks).
For claims made for an injury before 12 November 1997
An aggregate period of 78 weeks (whether or not consecutive) after the expiry of the first entitlement period (total of 104 weeks).