Workers’ Compensation and Rehabilitation Act 2003

The compensation payable to a totally incapacitated worker whose employment is governed by an industrial instrument is, for each week—

for the first 26 weeks of the incapacity, the greater of the following—

85% of the worker’s NWE;

the amount payable under the worker’s industrial instrument; and

from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—

75% of the worker’s NWE;

70% of QOTE; and

from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following—

75% of the worker’s NWE;

70% of QOTE; or

otherwise—an amount equal to the single pension rate.

However, the amount paid under subsection (1)(b) or (c) must not be more than the amount to which the worker would be entitled under subsection (1)(a).