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Weekly income replacement payments
receipt of a claim (together with a Workers Compensation Medical Certificate) by the employer. Weekly payments are payable from the date of incapacity or 14 days before the claim was provided to the employer, whichever is later. The amount payable is the greater of:
It is advisable for agencies to check with the Fund Administration Agent, Marsh Pty Ltd, regarding the calculation of weekly income replacement payments. The Workers Rehabilitation and Compensation Act 1988 requirements regarding paid holidays etc, are quite complex. Unless the Workers Rehabilitation and Compensation Tribunal finds otherwise, weekly payments continue, provided that the worker continues to produce a Workers Compensation Medical Certificate, for up to 9 years or until the worker reaches 65 years old (unless the worker is 64 or older when injured, in which case payments continue for one year from the date of injury), but reduce over time in accordance with the following “step down” provisions:
Note, however, that injuries incurred prior to 1 July 2001 are subject to different rates. The Workers Rehabilitation and Compensation Act 1988 includes a ‘safety net’ provision which ensures that, in most instances, an injured worker will not receive less than 70% of the ‘basic salary’. As at 1 January 2009, this equated to $424.60 (70% of $606.57). Where a worker is able to undertake some form of employment (either part-time or in a less well-paid position), they may be entitled to have their weekly payments increased up to their pre-injury earnings. The Fund will only reimburse agencies for payments to which workers are entitled under the Workers Rehabilitation and Compensation Act 1988. Recovery of weekly income replacement paymentsWeekly income replacement payments are made by the employer on a ‘without prejudice’ basis, ie they are not an admission of liability. However, even if a claim is later successfully disputed by the employer, these payments are not recoverable from the worker unless:
The employer may, however, deduct these payments from the worker’s sick leave entitlements. Re-crediting sick leave, annual recreation leave and long service leave If a worker takes sick leave, annual recreation leave or long service leave and the agency is subsequently found to be liable to pay weekly income replacement payments for that period:
Other benefitsThe employer is liable for all reasonable expenses necessarily incurred by a worker as the result of an injury, including:
All claims must either be paid, or disputed, within 28 days. To dispute a claim both the worker and the service provider must be served with a written notice stating that the employer disputes liability. The written notice to the worker must:
Settlement of a claimClaims may be settled by agreement between the parties after 12 months if the injury is stable. See finalising a claim for information on settlement processes and requirements.Lump sum paymentsA worker suffering a permanent impairment may be entitled to receive a lump sum payment in addition to their normal weekly payments. The amount paid is based on an assessment of the level of impairment.Payments to dependantsIf a worker dies as a result of a work-related injury or disease, and a claim is received and liability accepted, the worker’s dependants are entitled to:
If liability is disputed, the employer must notify the dependant(s), in writing, and refer the matter to the Tribunal, within 28 days of receiving the claim for compensation. The notification to the dependant(s) must include information on the matters disputed and the reasons for disputing liability. These are the only matters that will be considered by the Workers Rehabilitation and Compensation Tribunal. Common law damagesA worker may only sue an employer for damages under common law when the injury or disease results in a 30% or greater whole-person impairment. Injured workers wishing to pursue a common law action must notify the Workers Rehabilitation and Compensation Tribunal (on a form available from the Tribunal) within two years of the date of the injury and a claim must be lodged with the Supreme Court of Tasmania within three years (under special circumstances this may be extended to six years).Statutory benefits will continue to be paid until the common law claim has been resolved. If the action is successful, the amount of damages awarded will be reduced by the amount of workers’ compensation already paid. If an action is not successful, workers’ compensation payments will continue as prescribed in legislation. See the Workers Rehabilitation and Compensation Act 1988 or the Workplace Safe publication A Guide to Workers Compensation in Tasmania for detailed information on benefits. << Cover >> Injury Reporting and Claims Process >> Further Information |
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