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WORKERS COMPENSATION

NSW

Pre-injury average weekly earnings - PIAWE

Pre-injury average weekly earnings are calculated by your insurer based on information provided by you and/or your employer. They reflect how much you were earning before your injury.

If you sustained an injury before 26 October 2018, the insurer will exclude shift and overtime allowance from your PIAWE calculation after 52 weeks of entitlement.

Provisional payments

0-13 weeks: First entitlement period

The amount of your weekly payments are based on whichever is less:

1.95 per cent of your pre-injury average weekly earnings, minus:

  • a.the value of any deductible amount if you have no capacity for work, or
  • b.your current weekly earnings if you have capacity to work and are working.

    2.The maximum weekly compensation amount ($2,145.30) minus:

  • a.the value of any deductible amount if you have no capacity for work, or
  • b.any current weekly earnings and the value of any deductible amount if you have capacity for work and are working.

    14-130 weeks: Second entitlement period

    Working 15 hours or more a week

    Where you have current work capacity and are working 15 hours or more per week, your weekly payments are based on the lesser of:

  • 95 per cent of your pre-injury average weekly earnings minus your current weekly earnings, or the amount that you have been assessed as able to earn in suitable employment, and the value of any deductible amount, or
  • the maximum weekly compensation amount ($2,145.30) minus any current weekly earnings and the value of any deductible amount.

    Working less than 15 hours a week

    Where you have current work capacity and are working less than 15 hours per week, your weekly payments are based on the lesser of:

  • 80 per cent of your pre-injury average weekly earnings minus your current weekly earnings or the amount that you have been assessed as able to earn in suitable employment and the value of any deductible amount, or
  • the maximum weekly compensation amount ($2,145.30) minus any current weekly earnings and the value of any deductible amount.

    No capacity for work

    Where you have no capacity for work, your weekly payment is based on whichever is less:

  • 80 per cent of your pre-injury average weekly earnings, minus the value of any deductible amount, or
  • the maximum weekly compensation amount ($2,145.30) minus the value of any deductible amount.

    After 52 weeks

    For injuries received before 26 October 2018, any overtime or shift allowance will no longer be included in the calculation of your average weekly earnings.

    If you sustained an injury on or after the 26 October 2018, any overtime or shift allowance entitlement will continue to be included in the calculation of your average weekly earnings after 52 weeks.

    131-260 weeks

    You may continue to receive payments after 130 weeks where:

  • you have been assessed by the insurer as having no current work capacity, and this is likely to continue indefinitely, or
  • you are working at least 15 hours per week and earning at least $190 (indexed annually), and this is likely to continue indefinitely, AND
  • you completed an application for continued weekly payments after 130 weeks form and this has been confirmed by the insurer.

    Working 15 or more hours a week

    If you have current work capacity, are working at least 15 hours per week and earning at least $190 a week (indexed annually), and have been assessed by the insurer as being likely to continue in this capacity indefinitely, weekly payments are based on the lesser of:

  • 80 per cent of your pre-injury average weekly earnings, minus your current weekly earnings or the amount that you have been assessed as able to earn in suitable employment, and the value of any deductible amount, or
  • the maximum weekly compensation amount minus any current weekly earnings and the value of any deductible amount.

    No capacity for work

    If you have been assessed as having no current work capacity and this is expected to continue indefinitely, you will continue to be eligible for weekly payments after 130 weeks.

    If this is the case, your weekly payment is based on whichever is less:

  • 80 per cent of your pre-injury average weekly earnings, minus the value of any deductible amount, or
  • the maximum weekly compensation amount ($2,145.30) minus the value of any deductible amount.

    Workers with permanent impairment of more than 20 per cent

    If you have been assessed or are likely to be assessed to have a permanent impairment more than 20 per cent, you will continue to receive weekly payments if you are working less than 15 hours a week or earning less than the minimum $190 a week (indexed annually).

    Your weekly payment will be based on whichever is less:

  • 80 per cent of your pre-injury average weekly earnings, minus your current weekly earnings, and the value of any deductible amount, or
  • the maximum weekly compensation amount ($2,145.30) minus any current weekly earnings and the value of any deductible amount.

    After 260 weeks (five years)

    Weekly payments will cease unless you have been assessed as having an agreed permanent impairment of more than 20 per cent.

    Where you continue to be entitled to weekly payments, the insurer will determine your weekly payment in accordance with section 38 of the 1987 Act.

    Weekly payments are calculated based on the lesser of:

  • 80 per cent of your pre-injury average weekly earnings, minus your current weekly earnings or the amount that you have been assessed as able to earn in suitable employment, and the value of any deductible amount, or
  • the maximum weekly compensation amount ($2,145.30) minus any current weekly earnings and the value of any deductible amount.

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