Payments and Legal Costs

Payments and Legal Costs

Payments and Legal Costs

Summary

Weekly payments are based on Pre‑Injury Average Weekly Earnings (PIAWE); formulas vary by date of injury. Legal costs for statutory claims are generally covered by IRO, not by the worker.

Key Information

Weekly Payments (summary)

  • Weeks 1–13 (total incapacity): generally 95% of PIAWE
  • Weeks 14–52: generally 80% of PIAWE
  • After week 52: award rate or, for injuries after 26 Oct 2019, generally 80% of PIAWE
  • If working 15+ hours/week on suitable duties: insurer may top up to 95% of PIAWE (within limits)

Note: Calculations are complex and depend on injury date.

Under NSW compensation law, legal costs may be payable by the worker or via IRO; in practice, statutory workers compensation disputes are generally funded by IRO.

Referral or Escalation

Do a legal referral if weekly amounts seem incorrect or PIAWE components (overtime/allowances) are unclear.

Practical Tips

  • Collect 12 months of pre‑injury earnings, including relevant allowances/overtime.
  • Confirm the injury date to apply the correct formula.

Related Content

  • Permanent Impairment Claims
  • Denial of a Claim

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