BASIC ENTITLEMENTS UNDER THE

WORKERS REHABILITATION & COMPENSATION ACT

 

 

1988 TO 1995

Government:          Gray/Liberal

 

 

1996 TO 30 JUNE 2001

Government:          Groom/Liberal

 

 

1 JULY 2001 TO DATE

Government:          Bacon/Labor

(a)  Weekly payments of compensation during incapacity equivalent to average weekly earnings calculated on earnings in 12 months prior to injury.  Total liability of employer to pay weeklies capped at between $70,517.00 and $130,000.00 subject to year of claim.

 

(a)    Weekly payments of compensation during incapacity equivalent to normal weekly earnings calculated on earnings in 12 months prior to injury but certain payments in 12 month period excluded by Section 70(2).

 

     Weekly payments also subject to step-down pursuant to Section 69B.  Weeklies paid at 100% for first six weeks, 95% for between 6 weeks and 25 weeks and 90% from 25 weeks onwards.

 

      Total liability of employer to pay weeklies capped at between $134,448.00 and $162,795.00 subject to year of claim.

(a)     Weekly payments of compensation during incapacity equivalent to normal weekly earnings calculated on earnings in 12 months prior to injury but certain payments in 12 month period excluded by Section 70(2).

 

      Weekly payments also subject to step-down pursuant to Section 69B.  Weeklies paid at 100% for first thirteen weeks, 85% for between 13 weeks and 52 weeks and 70% from 52 weeks to maximum of 10 years.

(b)   Medical and rehabilitation expenses as reasonable and necessary.  Not capped at a particular sum and theoretically available indefinitely.

 

(b)  Medical and rehabilitation expenses as reasonable and necessary.  Not capped at a particular sum and theoretically available indefinitely.

(b)  Medical and rehabilitation expenses as reasonable and necessary.  Payable for 10 years in theory but not beyond.

(c)  Section 71 payment for permanent impairment.  Payment calculated in accordance with a formula based on percentage loss of function of various bodily parts.  This is modest compensation.

(c)     Section 71 payment for permanent impairment.  Payment calculated in accordance with a formula based on percentage loss of function of various bodily parts.  This is modest compensation.

(c)  Section 71 payment for permanent impairment.  Payment calculated in accordance with a formula based on percentage of total permanent whole person impairment.  This is modest compensation.  The formula prescribed is different to the formula applicable between 1988 and 30 June 2001.

 

 

 

 

Authorised By:  _________________________________________                                                                                                                          wcompflyer/mc

 

WORKERS COMPENSATION ACTION GROUP

CFMEU, AMWU, APLA, ANF, MUA, AMIEU, AWU, RTBU

 

 

Did you know that as a result of changes made by the Bacon Labor Government, if you are injured at work after 1 July 2001 your entitlements to workers compensation are very limited.

 

Your workers compensation entitlements have been eroded away by the Bacon Government in the following manner:

 

1.      When off work due to injury you do not receive the same as your pre-injury income.  You only receive 85% of your normal weekly earnings after 13 weeks off work and then only 70% of your normal weekly earnings after 52 weeks.

 

2.      You cannot sue your employer for negligence causing an injury to you at work unless you have 30% permanent whole person impairment.  This is to be assessed by a medical specialist according to medical guidelines and only drastic injuries like amputation of an arm or leg will meet this level of impairment.  Many very severe injuries that stop you from returning to your normal work will not amount to 30%.

 

3.      Employers/Insurers are able to dispute their obligation to pay workers compensation and use the procedures available at law to financially starve workers and then persuade them to settle their injury claims for small sums of money.

 

The current workers compensation law is unfair and unnecessarily harsh on injured workers and their families.  The CFMEU is committed, together with others (Workers Compensation Action Group) to ensure the Bacon Government changes the law to make it fair and reasonable for workers.  You can help the CFMEU to help all workers by doing any of the following:

 

§         Write to your local member of parliament to complain about the unfair workers compensation law.

 

§         Put a sticker on your car advertising the fact that workers compensation should be a right not a privilege.  Contact the CFMEU if you did not receive a sticker with your last newsletter.

 

§         Sign our petition to protest against the current law.  Contact any CFMEU Union Delegate to do this.

 

 

 

If all workers unite on this issue we will ensure that injured workers and their families no longer suffer unfairly.

 

  
 
 
 
 
 
 
 
 
 
 
 
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