Employers are required to pay the super guarantee (currently 10.5%) on top of your ordinary time earnings ("OTE").
Workers compensation payments are not OTE (see ATO ruling SGR 2009/2) unless they are paid in respect of ordinary hours of work when you actually perform work or are required to attend work.
Many modern awards, enterprise agreements and other registered agreements provide for superannuation contributions to be paid on top of workers compensation benefits.
The terms of many Awards contain provisions requiring superannuation to be paid during periods of leave totaling up to 52 weeks if the employee:
can't work because of a work-related injury or illness; and
is getting paid workers compensation payments or regular payments from their employer; and
is still employed by their employer.
If your employer is not paying super on top of your workers compensation benefits, you should check the terms of your Award, EBA or Registered Agreement.
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DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment. Liability limited by a scheme approved under Professional Standards Legislation.
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