Police officers, paramedics and fire fighters who are losing wages because of an injury in NSW, may be entitled to weekly payments of compensation.
Payments when totally unfit for work
For the first 26 weeks you will be paid your current weekly wage rate, which is usually your Award rate. The rate may be different for part-time workers or workers with concurrent employment.
After the first 26 weeks, you will receive the lower rate of 90% of your average weekly earnings or the statutory rate. The statutory rate is increased for each dependent and indexed twice a year. As at 1 October 2020 the statutory rate for a worker with no dependents was $527.40.
Top-up pay for Police Officers
If you remain employed in the NSW Police Force after an injury, you are entitled to top-up pay for the first 39 weeks up to your ordinary rate of pay.
This is paid by NSW Police and not TMF.
Payments when partially unfit for work
Generally you will be paid the difference between your probable earnings but for injury and amount you are earning, or are capable of earning in suitable employment.
Special compensation may be payable if you have provided a certificate to your employer and requested suitable duties. You may be entitled to increased payments for up to 52 weeks if those duties are not available.
To qualify for the increased payments you must be ready, willing and able to accept an offer of suitable employment and taking reasonable steps to obtain suitable employment.
If you have not yet received 26 weeks of weekly payments, you will be entitled to your Award rate for the balance of the 26 weeks. You will then receive 80% of your Award rate or the statutory rate, whichever is higher.
Maximum compensation amount
A weekly payment cannot exceed the maximum compensation rate ($2,224.40 as at 1 October 2020).
Termination of weekly payments
Your weekly payments of compensation will be terminated when you reach the first anniversary of the retirement age (or after one year if you were injured after the retirement age).
If you cease to reside in Australia your payments will cease unless the Workers Compensation Commission certifies your incapacity for work resulting from the injury is likely to be permanent.
In addition, your weekly payments may be suspended if you fail to comply with your injury management obligations or refuse or fail to submit yourself for a medical examination arranged and paid for by the insurer.
Contact us for more information.
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.
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