Weekly Wages

The Act provides for two types of workers:

  • those whose weekly wages are prescribed by an industrial award at the date the injury occurs and
  • those whose weekly wages are not prescribed by an industrial award at the date injury occurs.  


If you are a worker whose weekly wages are prescribed by an industrial award at the date the injury occurs-

    For the first 13 weeks:

  • you will receive the rate of weekly workers’ compensation payments payable under your industrial award
  • you will receive any over-award or service payment paid to you on a regular basis
  • you will receive the overtime, bonuses and allowances paid to you over the 13 weeks prior to your injury, averaged out over each weekly payment

    From week 14 onwards:

  • you will receive the rate of weekly workers’ compensation payments payable under your industrial award
  • you will receive any over-award or service payment paid to you on a regular basis
  • you will receive any other allowance prescribed by the regulations
  • you will not receive any other allowances, overtime or bonuses

 


 If you are a worker whose weekly wages are not prescribed by an industrial award at the date the injury occurs-

    For the first 13 weeks:

  • you will receive an average of the weekly payments you recieved over the 12 month period prior to your injury.  This must include overtime, bonuses or allowances that were  paid to you over that 12 month period.

    From week 14 onwards:

  • your weekly payments will be 85% of your average weekly earnings.


    
The maximum amount an injured worker can receive by way of weekly payments of compensation whilst certified unfit is currently $183,394.00. In some circumstances an injured worker may be entitled to an extension of the maximum amount.

If you do not agree with the amount of weekly payments you are receiving, you should contact the workers' compensation insurer and request the information provided to them by your employer to calculate your weekly payments.

Once weekly payments have commenced your employer must not cease those payments unless:

  • you consent to your weekly payments ceasing, or
  • an Arbitrator makes an order to cease your payments, or
  • your doctor has certified that you are totally or partially fit for work.

If you receive a notice that you employer intends to discontinue your weekly payments and you dispute the employers right to do so, it is important that you respond to that notice within 21 days. If you receive a notice to discontinue your weekly payments you should either contact Workcover WA or seek legal advice. If you do not respond to the notice within 21 days, your weekly payments will stop at the end of that 21 day period.