WorkCover Payment Duration: How Long Can You Expect to Receive Financial Support

WorkCover Payment Duration: How Long Can You Expect to Receive Financial Support

Published on 5 June 2023
Last updated on 29 February 2024

1. Introduction

If you have been injured while working in Queensland, you may be eligible to receive WorkCover payments. But how long do WorkCover payments last, and what do you need to do to make a successful claim? In this article, we will walk you through everything you need to know about making a WorkCover claim in Queensland and how long you can expect to receive payments.

 

WorkCover Payment Duration: How Long Can You Expect to Receive Financial Support

 

2. What is considered in the weekly compensation?

WorkCover, the governing body responsible for workers’ compensation in Queensland, determines the compensation amount you are entitled to based on the Workers’ Compensation and Rehabilitation Act 2003.

The amount you receive is determined by a number of factors, including

  • the duration of your incapacity certificate or medical opinion;
  • the date of your injury;
  • the date your doctor first assessed your injury;
  • the length of time you have been receiving compensation;
  • whether your job is covered by an award or workplace agreement;
  • your Normal Weekly Earnings (NWE); and
  • the Queensland full-time adult ordinary time earnings (QOTE)

The QOTE is the earnings of a full-time adult worker in Queensland, which is adjusted annually (usually on July 1) and declared by the Australian Statistician. The current rate of QOTE can be found on the Queensland Legislation website in the Workers’ Compensation and Rehabilitation (QOTE) Notice.

 

3. How is weekly compensation calculated?

When calculating your weekly compensation, WorkCover uses information from your employer or yourself to determine your Normal Weekly Earnings (NWE), which includes an itemized payroll report from your employer for 12 months before the injury date, payslips from your employer or yourself for 12 months before the injury date (or from the date you began working if less than 12 months).

The amount of weekly compensation you are entitled to is calculated based on the following criteria:

For claims of up to 26 weeks:

  • the compensation amount is the greater of 85% of NWE or the amount specified in the industrial instrument
  • if there is no relevant industrial instrument, the compensation amount is the greater of 85% of NWE or 80% of QOTE, but not exceeding the individual’s regular weekly earnings.

For claims lasting between 26 and 104 weeks:

  • the compensation amount is the greater of 75% of NWE or 70% of QOTE.

For claims lasting more than 104 weeks :

  • the compensation amount is dependent on the degree of impairment of the worker

 

4.  How is the weekly compensation sent to me?

The first week’s compensation will be paid by your employer directly, acting as their insurance excess for your claim.

Following that, WorkCover will pay your compensation directly into your bank account, in line with your employer’s payroll schedule if possible, to help you maintain normalcy in your life as much as possible.

Taxes will be deducted from your payments in the same manner as your regular wages.

WorkCover does not deduct superannuation from your payments, but your employer may still be required to pay your superannuation if your award or workplace agreement allows for it.

 

5. How long do the weekly compensation last for?

The duration of your weekly compensation payments is dependent on certain factors.

Your compensation will stop when

  • you return to work and are no longer injured,
  • you receive a lump-sum offer,
  • you have been receiving weekly payments for five years, or
  • when your total weekly compensation reaches the maximum amount payable

 

6. Conclusion

In conclusion, WorkCover payments in Queensland provide essential financial support for workers injured on the job. The duration of payments is determined by factors such as the nature of the injury, incapacity duration, and employment circumstances. Payments will stop when reaching full recovery, receiving a lump-sum offer, reaching the maximum payable amount, or after five years of weekly payments. It is crucial to understand WorkCover provisions and consider seeking legal advice or expert guidance. Ascent Lawyers provides this article to assist injured workers in navigating the process and securing the necessary financial support.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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