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9 Entitlements - Weekly Payments

Updated: 1 July 2014

Pre-injury average weekly earnings (PIAWE) are used to calculate a worker’s entitlement to weekly payments under Victorian workers’ compensation legislation.

A worker's PIAWE rate is based on the average of the worker’s ordinary earnings over the relevant period less any period in which the worker did not work actually work or was not on paid leave or was on paid leave at a rate less than the base rate of pay. PIAWE may also include earnings enhancements (overtime payments and shift allowances).

See: PIAWE

Entitlement periods and reductions

The legislation sets weekly payments at different rates. The rates vary depending on:

In most cases a worker will have an entitlement to weekly payments for up to 130 weeks. In some cases weekly payments can continue until retirement age.

In limited circumstances, an older worker may also have an entitlement to weekly payments after retirement age.

AC Act: S93A Weekly payments in first entitlement period 

WIRC Act: S161 Weekly payments in first entitlement period

AC Act: S93B Weekly payments in second entitlement period 

WIRC Act: S162 Weekly payments in second entitlement period

AC Act: S93C Weekly payments after the second entitlement period 

WIRC Act: S163 Weekly payments after the second entitlement period

AC Act: S93CA Compensation for incapacity arising from surgery after second entitlement period

WIRC Act: S164 Compensation for incapacity arising from surgery after second entitlement period

AC Act: S93CD Continuation of weekly payments after second entitlement period

WIRC Act: S165 Continuation of weekly payments after second entitlement period

AC Act: S93CDA Entitlement under s93CD not affected by certain circumstances

WIRC Act: S166 Entitlements under s165 not affected by certain circumstances

AC Act: S93E Injury after retirement

WIRC Act: S169 Injury after retirement

AC Act: S93EA Compensation for incapacity arising after retirement age

WIRC Act: S170 Compensation for incapacity arising after retirement age

AC Act: S93F Compensation after retirement

WIRC Act: S160 Compensation in weekly payments

Work capacity

A worker’s entitlement to weekly payments is influenced by their work capacity. A worker who has a 'current work capacity' is unable to return to their pre-injury employment but is able to work in suitable employment.

If a worker cannot do any work at all, they have 'no current work capacity'.

Date claims lodged

Weekly payment claims are assessed for calculation of weekly payment rates and relevant statutory maximum amounts in three distinct streams:

Indexation of weekly payments

The legislation provides for the indexation of:

For claims first made on or after 5 April 2010, the maximum amount is set by the legislation at twice the State average weekly earnings.

 

9.1 - Overview of weekly payments

9.2 - Assessing a worker’s certificate of capacity

9.3 - Calculating PIAWE

9.4 - Weekly payment rates

9.5 - Managing the entitlement periods and step-downs

9.6 - Altering, reducing or terminating weekly payments

9.7 - Reducing weekly payments

9.8 - Not increasing or not paying weekly payments

9.9 - Worker applies to alter weekly payments

9.10 - Terminating weekly payments

9.11 - Impacts on weekly payment entitlements

9.12 - Managing direct payees

9.13 - Payments after common law settlement

9.14 - Superannuation entitlements

9.15 - Managing payments after employer exits scheme

9.16 - Legislation

9.17 - Appendices