WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 151 Total incapacity—workers whose employment is not governed by industrial instrument

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 151

151 Total incapacity—workers whose employment is not governed by industrial instrument

(1) The compensation payable to a totally incapacitated worker whose employment is not governed by an industrial instrument is, for each week—

(a) for the first 26 weeks of the incapacity, the greater of the following—

(i) 85% of the worker’s NWE;

(ii) 80% of QOTE; and

(b) 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—

(i) 75% of the worker’s NWE;

(ii) 70% of QOTE; and

(c) from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

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

(A) 75% of the worker’s NWE;

(B) 70% of QOTE; or

(ii) otherwise—an amount equal to the single pension rate.

(2) However, the amount must not be more than the worker’s NWE.