14.05.2024 Comcare: 45 Weeks of Incapacity Entitlements and Accrued Leave

Comcare: 45 Weeks of Incapacity Entitlements and Accrued Leave

(general information only – not to be taken as legal advice)

The first 45 weeks of incapacity payments are payable by the employer at a rate equal to 100% of the injured workers normal weekly earnings, less any amount the injured worker is actually earning. Post the initial 45-week period your incapacity payments are calculated based on the percentage of actual hours worked during the week, using a sliding scale.

For example, if you are working more than 75 per cent of your pre-injury hours, but less than 100 per cent, you would receive compensation payments at a rate of 95 per cent of your normal weekly earnings, minus actual earnings. The lowest this scale goes to is 75%. So if you remain totally incapacitated for employment after the initial 45 week period you will receive the minimum payment at a rate of 75% of your normal weekly earnings.

It is important to note that the first 45 weeks of incapacity payments are calculated cumulatively, not consecutively. Therefore, if you are working 50% of your pre-injury hours following your accepted workers compensation claim, your initial 45 week period at 100% pay will expire after 90 weeks.

Pursuant to s 116 of the Safety Rehabilitation and Compensation Act, a worker is entitled to accrue sick leave and annual leave but only during the first 45 weeks of absence following acceptance of liability for a work related injury. Thereafter, if an injured worker is unable to work, only long service leave accrues under the SRCA. Similarly, an employer is only required to make superannuation contributions when an employee is physically working.

Therefore, after the initial 45 weeks on incapacity payments, injured workers incapacitated for employment with accepted claims do not accrue sick leave and annual leave entitlements.

Angela Sdrinis Legal