3.7.3.3 Incapacity after retirement age
A worker who has made a claim before retirement age and while still working after retirement age requires inpatient treatment in a hospital related to their compensable injury, may be entitled to weekly payments for up to 13 weeks.
To have an entitlement to weekly payments after retirement age the worker must before retirement age satisfy all of the following:
- sustained a workplace injury
- made a claim for compensation for that injury and received a weekly payment of compensation for that injury within 10 years of retirement age and
- after retirement age and still working, became incapacitated for work as a consequence of treatment received as an inpatient at a hospital for that injury.
If they do not meet all of the criteria and are not entitled to weekly payments they may still have an entitlement to the payment of medical expenses for the inpatient treatment.
A worker who believes they meet the criteria for payment of weekly payments may apply in writing.
If the worker’s application is successful they are entitled to receive a maximum of 13 weeks of weekly payments upon provision of Certificates of Capacity.
Worker writes to Agent
The worker writes to the Agent to:
- specify the reason for the application
- provide supporting evidence. This should include evidence that:
- they are still working after retirement age
- they require inpatient treatment in a hospital
- will be incapacitated as a result of the inpatient treatment
- the inpatient treatment is for the original injury.
Circumstances where workers will not have an entitlement to further weekly payments
A worker is not entitled to weekly payments for incapacity after retirement age from inpatient hospital treatment for the compensable injury if:
- the worker is receiving weekly payments for 130 weeks based on being injured within the period of 130 weeks before or after reaching retirement age
- they suffered injury after retirement age
- they previously received weekly payments for incapacity after retirement age from inpatient hospital treatment
- the worker had ceased to become entitled to weekly payments under the legislation (eg has failed to comply with return to work obligations or has received a voluntary settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. or common law damages for pecuniary loss A loss of earning capacity).
Weekly payments limited to 13 weeks
If a worker meets all the criteria, they are entitled to a maximum of 13 weeks of weekly payments for incapacity from inpatient treatment for the compensable injury.
Weekly payments are paid at applicable second entitlement period rate.
See: After the second entitlement period
One entitlement to weekly payments per injury
Workers are entitled to weekly payments after retirement age for incapacity from inpatient treatment once per claimed injury.
Notice of termination of weekly payments
A worker’s weekly payments for incapacity from inpatient treatment after retirement age may be terminated without notice to the worker.