Safety Matters - Rail, Tram and Bus Union of NSW

After 26 weeks of total incapacity
After 26 weeks at the cwwr the majority of workers who are still totally
incapacitated receive the appropriate statutory rate.
As at 1 April 2007 the statutory rate is:
o $361.30 pw plus
o $95.20 for a dependent spouse and
o $68.00 p.w. for one dependent child (up to $354.60 for four dependent
children and $102.30 for each child over that).
The worker cannot however receive more than their cwwr.
Partial incapacity
When a worker becomes partially incapacitated (fit for suitable duties)
the benefit available depends on whether suitable duties are made
available.
Suitable Duties Available
If suitable duties are offered and the worker returns to work, Sec 40 makeup
pay is available. This is a payment to cover any difference between:
• “the weekly amount which the worker would probably have been earning as a
worker but for the injury”
and
• “the average weekly amount which the worker is earning, or would be able
to earn in some suitable employment, from time to time after the injury”.
The Workers Compensation Act 1987 (WCA) states that this make-up benefit
• “is not to exceed the weekly payment that would be payable to the worker
if it were a period of total incapacity for work”.
This means the injured worker receives earnings + make-up pay to AWE
within the first 26 weeks of incapacity. After the first 26 weeks the injured
worker receives earnings + make-up pay at statutory rate with the maximum
payable being AWE.
BACK TO CONTENTS
Safety Matters A Guide for Workplace OHS Representatives
SECTION THREE
RAIL
TRAM AND BUS
19
A Summary of Workers Compensation in NSW
U N
I O N