The employer commences payment of weekly compensation from the date the worker gives notice of the injury to the employer. If a worker makes a claim in relation to an injury, the insurer is liable to pay weekly compensation and costs in relation to the injury from the date of the injury until the insurer rejects or settles the claim.
While a worker is totally incapacitated by a work related injury, the worker will receive their average pre-injury weekly earnings for the first 26 weeks from the date of the injury. Where there was a regular and established pattern of earnings, average earnings may take into account other employment and overtime. After the first 26 weeks of incapacity, the injured worker receives and amount calculated with the Act.
The employer must immediately give the injured worker any payments from the insurer.
Payment may cease if the injured worker fails to participate and cooperate with their Personal Injury Plan and any medical examinations that have been arranged. An injured worker must make all reasonable efforts to return to work as soon as practicable.
Partial incapacity payments are weekly payments to an injured worker who commences duties in which he or she is earning less than before the injury. This occurs when the worker is not able to fully resume their former duties because of the injury.
Partial incapacity payments may be paid to make up the difference between the partial return to work earnings, and the injured worker’s average pre-incapacity weekly earnings. After the first 26 weeks of incapacity, payments may make up the difference up to an amount calculated in accordance with the Act.