Workers’ Compensation and Rehabilitation Act 2003

The compensation payable to a totally incapacitated person is a payment under this section.

The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable.

However, the payment under subsection (2) must not be more than 70% of QOTE.

The payment for a person who is employed, but not self-employed, is a payment under section 150, 151, 152, 153, 154 or 155.

The payment for a person who is self-employed is, for each week—

for the first 26 weeks of the incapacity—

if subparagraph (ii) does not apply—80% of QOTE; or

if the person replaces the person’s labour—the payment under subsection (6); 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—

70% of QOTE;

the reasonable cost of labour paid to replace the person; 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 person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—

75% of the person’s NWE;

70% of QOTE; or

otherwise—an amount equal to the single pension rate.

For subsection (5)(a)(ii), the amount is—

if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or

if the reasonable cost of labour paid to replace the person is less than 80% of QOTE—the reasonable cost of labour paid to replace the person.