Return to Work Act 2014

Subject to this Act, if a seriously injured worker suffers a work injury that results in incapacity for work, the worker is entitled to weekly payments in respect of that incapacity in accordance with the following principles:

if any period of incapacity for work occurs within the period of

for any period during the first designated period when the worker has no current work capacity—the worker is entitled to weekly payments equal to the worker's notional weekly earnings; and

for any period during the first designated period when the worker has a current work capacity—the worker is entitled to weekly payments equal to the difference between the worker's notional weekly earnings and the worker's designated weekly earnings;

if any period of incapacity for work occurs after the end of the period that applies under paragraph (a)—

for any period when the worker has no current work capacity—the worker is entitled to weekly payments equal to 80% of the worker's notional weekly earnings; and

for any period when the worker has a current work capacity—the worker is entitled to weekly payments equal to 80% of the difference between the worker's notional weekly earnings and the worker's designated weekly earnings.

For the purposes of subsection (1), the designated weekly earnings of a worker will be taken to be the current weekly earnings of the worker in employment or self‑employment (if any) but not so as to include a prescribed benefit.

If—

a worker is paid weekly payments under subsection (1); and

the worker is subsequently, on account of an assessment of whole person impairment under this Act, determined not to be a seriously injured worker, the worker will be entitled to continue to receive payments under this section as if the worker were a seriously injured worker until the expiration of 8 weeks from the date of the assessment (and then any further entitlement to weekly payments will be determined on the basis that the worker is not a seriously injured worker and weekly payments paid under this section until then will not be recoverable from the worker).