If you have been injured at work you may be eligible to receive weekly payments of compensation if the injury has resulted in a loss of earnings.

As soon as the injury occurs a few things must happen:

  • You must notify your employer
  • The employer will their insurer.
  • You must complete and provide a workers compensation certificate of capacity to your employer who will provide it to their insurer.
  • The insurer has to commence payments to you within seven days of receiving your claim; or
  • The insurer has to notify you in writing of any reasons for delaying payment
  • The insurer has 21 days from receipt of your claim to determine whether to accept liability or not.

If the insurer accepts your claim they will advise you of your weekly payment amount which will depend on:

  • what your average weekly earnings were pre-injury
  • whether you have any capacity to work;
  • whether you are totally incapacitated for work;
  • whether you have been able to return to work; and
  • what you are able to earn in suitable employment if at all.

Pre-injury average weekly earnings:

  • calculated based on how much you were earning before your injury;
  • the first 52 weeks includes ordinary earnings plus overtime and shift allowance payments.
  • after 52 pre-injury average weekly earnings will not include overtime and shift allowance payments.
  • the maximum weekly compensation amount is capped and indexed in April and October of each year.

Work capacity assessments:

  • The insurer will make a decision about your ability to return to your pre-injury employment, or to suitable alternative employment with the pre-injury employer or at another place of employment.
  • The decision is based on an assessment of your capacity for work obtained from functional, vocational and medical reports.
  • If the insurer decides that you have capacity to work, your weekly payments may be reduced or stopped completely.

Termination of weekly payments:

The insurer can terminate your payments if:

  • you fail to fulfil the insurer’s requirements for return to work obligations;
  • you fail to agree with the insurer’s work capacity decisions
  • you exceed the entitlement periods set out under the legislation


  • you can receive weekly payments for up to 12 months after retirement age;
  • retiring age is defined as the age a person is eligible to receive the age pension.

Dealing with workers compensation insurers can be complex and difficult and we do not recommend that you attempt to deal with the insurer on your own. Also, strict time limits apply to making claim. We are here to help you with any matter relating to your claim.

Phone: 1300 734 737 or email frontoffice@courtlegal.com.au for further information or to arrange an obligation free consultation.

Disclaimer: This fact sheet provides general information and does not provide legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to a court.