Receiving weekly payments while on WorkCover
If you are unable to work because of your workplace injury, it is important that your time off work is covered.
Will I get paid if I'm off work because of an injury?
Yes - if your workers' compensation/WorkCover Queensland claim is accepted AND you are certified as being unfit to work, you should receive payments for your lost wages.
However, it is not always that straightforward.
What am I entitled to?
The amount that you actually receive will be dependent on:
- When you were injured;
- Whether you lodged your claim on time (i.e. within 6 months of your work incident or the date of diagnosis);
- How long your medical certificate says that you need to be off work;
- How long you've been receiving weekly payments;
- What your normal weekly earnings were; and
- Whether you have a contract or award.
Sometimes, there is a dispute with WorkCover about how much or for how long you should be paid. If this is happening to you, please reach out to Allison and I, and we can make sure that you are getting paid what you deserve.
What information is used to calculate my wages?
The workers' compensation insurer/Workcover Queensland will generally require some evidence of your normal weekly earnings (being the average earnings that you received in the 12 months before the accident, or in the time since you've been employed).
They will ask your employer for:
- A payroll report for your previous 12 months;
- Payslips;
- Tax invoices;
- Your contract of employment;
- Bank statements; and/or
- Evidence of the earnings of other like employees.
If you have any of this information, you can also provide it to WorkCover.
Why are my wages less than what I normally earn?
Wage payments are calculated based on the regular amount that you would have received if you hadn't been injured at work. They include:
- salary or wages;
- regular overtime;
- higher duties;
- penalty rates; and
- allowances (except those listed below).
Wage payments don't include:
- allowances or expenses relating to travel, car, relocation, meal, education, living away from home, entertainment, clothing, tools and vehicles; and
- superannuation.
In addition, most policies don't allow for your full normal weekly earnings to be paid:
- For the first 26 weeks of payments: you are likely to receive 85% of your normal weekly earnings (unless you are under an industrial agreement);
- From 26 to 104 weeks: you are likely to receive 75% of your normal weekly earnings; and
- From 104 weeks onwards: your wage payments will be dependent on the ongoing impairment for your injury.
Tax will also be deducted from your payments.
Will I still be paid super whilst I am off work?
No - employers are
not required to pay superannuation while you are receiving WorkCover payments, unless it is stipulated in your award, enterprise agreement or contract.
Will I still accrue leave whilst I am off work?
Yes - your annual leave, personal leave and long service leave will continue to accrue as normal.
How long will I be paid for?
This depends on you and your recovery. Your wage payments will stop if:
- You are certified as being fit to return to work;
- Your injury is assessed as being "stable and stationary";
- You receive a lump-sum offer from WorkCover; and/or
- You've received payments for 5 years and your total weekly compensation amount reaches the maximum amount payable.
Again, there are often disputes with WorkCover regarding how long someone should continue receiving wages. If this is something that you are concerned about, Allison and I can help you to navigate this with WorkCover. We have successfully appealed many decisions and had our client's wage payments reinstated or increased, and we would love to obtain a great outcome for you.
