No Comments

If you have been injured and made a workers compensation claim, you may be receiving ongoing weekly payments from a workers compensation insurer.

If the insurer has disputed liability for your claim, you may still be entitled to receive weekly benefits. You can speak to a compensation lawyer who will advise on challenging the insurer’s decision.

Either way, it is important to be aware of the workers compensation law in this area to anticipate how and when your weekly benefits may change over time.

First Entitlement Period

The law states that, where a worker is unable to work in any capacity as a result of their work injury, they are generally entitled to 13 weeks of compensation payments at 95% of their pre-injury earnings.  Where the worker is able to work in some capacity during this time, the amount of those earnings will be deducted.

Second Entitlement Period

After 13 weeks, for the second entitlement period of 14-130 weeks, a worker who continues to have no working capacity is generally entitled to weekly payments at 80% of their pre-injury earnings.

This rate also applies to workers who are able to work during that period for less than 15 hours per week. Again, the amount of the worker’s earnings is deducted.

A worker who is able to work more than 15 hours per week during this second entitlement period is generally entitled to weekly payments at 95% of their pre-injury earnings, minus the amount of actual earnings.

Weekly payments after 130 weeks

It is important to be aware that after 130 weeks, an injured worker’s right to weekly benefits will cease. There are a few exceptions to this rule, but they involve assessments by the insurer as to work capacity.

If you are approaching 78 weeks of weekly compensation payments, it is important that you speak to a workers compensation lawyer as soon as possible, so as to determine any entitlements you may have to ongoing payments after 130 weeks.

An injured worker has no entitlement to weekly compensation after an aggregated period of 260 weeks, unless the worker’s injury has resulted in a permanent impairment of more than 20%.

Obtaining advice

If you or someone you know has suffered an injury at work, there may be an entitlement to compensation. As every scenario is unique and presents different challenges, it is important to seek advice from a workers compensation lawyer. For example, exceptions apply to the weekly benefit rates of pay referred to above for workers who earned above a certain threshold prior to injury.

Speaking to a compensation lawyer can help clarify your options and entitlements. For workers who are no longer eligible for weekly benefits, there may still be significant lump sum compensation available.

Our Compensation Lawyers can provide practical solutions and exceptional results in relation to your compensation claim on a No Win, No Fee basis.  Call 1300 773 529 or email a compensation lawyer at We can then arrange an initial telephone conference to discuss.

Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills.