3.1.4.3 Owner drivers
PIAWE for owner drivers who are deemed to be workers is as follows.
Only the labour component of the total payment made to owner drivers is subject to premium.
To determine the labour component refer to WorkSafe's Contractor Guidelines.
If employers and/or owner drivers supply additional, relevant information then that information is to be used to determine PIAWE.
Calculate PIAWE
Follow these steps to calculate PIAWE for owner drivers.
- Find out if the amount for PIAWE recorded on the Employer Injury Claim Report includes a component to cover motor vehicle expenses.
- Refer to Premium Guideline - Owner Drivers to ascertain the percentage deductions applicable to the vehicle.
- Deduct the relevant percentage from the employer’s recorded PIAWE amount to determine PIAWE under the legislation.
- Calculate weekly payments as usual, for example, if the owner driver has NCWC No Current Work Capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to work, either in the worker's pre-injury employment or in suitable employment and has made a claim for an injury after 5 April 2010, the weekly payment rate for 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 is either 95% of PIAWE or the applicable statutory maximum of twice the State average weekly earnings.
Daily rate
The weekly payment can be divided by five to determine the daily rate payable if required.
Examples:
| Weekly PIAWE & weekly payment rate for owner drivers | |
|---|---|
| 1. Date of injury: 1 August 2012 & weekly payment claim made on 4 August 2012 | |
| Statutory maximum (as at 1 July 2012): | $2,000 |
| PIAWE per Employer Injury Claim Report: (include motor vehicle expenses) | $1,450 |
| 2. PIAWE $1450 | |
| Deduct 20% for motor vehicle expenses as per Guidelines: | $290 |
| Labour component is therefore | $1,160 |
| PIAWE is therefore: $1160 | |
| 3. Weekly payment rate first entitlement period | |
| $1160 PIAWE x 95% for worker with no current work capacity: | $1,137 |
| Applicable statutory maximum: | $2,000 |
| The weekly payment is the lower figure of $1137. | |