Am I Entitled to Full Pay If Injured at Work? NSW Weekly Payments Explained
The Short Answer: No, You Don't Get 100% Forever
If you're injured at work in NSW, you are not entitled to your full pre-injury wage indefinitely. Under the NSW workers compensation scheme, you typically receive up to 95% of your pre-injury average weekly earnings (PIAWE) for the first 13 weeks. After that, the rate steps down, and your entitlement depends on whether you have any capacity to work.
That said, you may receive more than people expect. Weekly payments continue for up to 260 weeks (five years) in most cases, superannuation keeps accruing, and back pay is owed from the date of injury once your claim is accepted. The system is structured, not arbitrary — and knowing how it works is the difference between accepting a reduced cheque and claiming the full amount you're legally owed.
This guide breaks down the NSW weekly payment framework, what counts toward PIAWE, how superannuation and back pay work, and the steps our team uses to make sure injured workers receive every dollar on time.
How NSW Workers Compensation Weekly Payments Work
NSW uses a "step-down" model. Your entitlement reduces over three defined periods. This is controlled by the Workers Compensation Act 1987 and administered by the State Insurance Regulatory Authority (SIRA). For most workers, the insurer is icare — not your employer.
Weeks 1-13: The First Entitlement Period
During the first 13 weeks after your injury, you're entitled to up to 95% of your PIAWE. This is capped at SIRA's maximum weekly compensation amount, which is indexed every April and October. Most workers earning an average or moderate wage will get the full 95%. High-income earners may hit the cap and receive less than 95% of their actual pre-injury earnings.
You still get this rate even if you're partially working. For example, if you're cleared to do light duties for 20 hours a week, the insurer tops up the difference so your combined income reaches 95% of PIAWE.
Weeks 14-130: The Second Entitlement Period
From week 14 onward, the rate depends on your certified work capacity:
- No current work capacity (you can't return to any form of work): up to 95% of PIAWE continues.
- Some work capacity (you can do reduced hours or suitable duties): the rate drops to 80% of PIAWE, minus any wages you actually earn.
This is where the Certificate of Capacity becomes critical. A poorly completed certificate can result in you being assessed as having more capacity than you actually do, which cuts your payment by 15%. Our WorkCover doctors are trained specifically in how to document capacity accurately so your payments reflect your real medical situation.
After 130 Weeks (2.5 Years): The Restricted Entitlement
After 130 weeks of weekly payments, the rules tighten. To continue receiving payments, you generally need to meet one of the following:
- You have a whole-person impairment of 21% or more assessed under the SIRA guidelines.
- You have no current work capacity and it is highly unlikely to change.
- You're working at least 15 hours a week and earning at least a minimum specified amount, and the insurer accepts you will always have reduced capacity.
Weekly payments cannot continue past 260 weeks (5 years) unless your impairment is above the 21% threshold. If you're approaching this milestone, get advice early — the dispute process takes time.
What Counts Toward Pre-Injury Earnings (PIAWE)
PIAWE is the foundation of every weekly payment, so insurers often calculate it too low. Here's what should be included:
- Base salary or ordinary-hours wage
- Regular overtime (if it was a consistent pattern)
- Shift allowances, penalty rates, and loadings
- Piece rates and commissions paid regularly
- Non-discretionary bonuses tied to work performance
What's typically not included:
- Discretionary bonuses or one-off gifts
- Expense reimbursements
- Non-cash benefits (car parking, gym memberships)
- Superannuation itself (super is calculated on top of PIAWE, not inside it)
Pull together 12 months of payslips before the insurer asks. If your earnings varied, insurers often average the lowest periods. Supplying your own documentation lets our team challenge any under-calculation before payments begin.
Does WorkCover Pay Superannuation?
Yes — with conditions. Insurers in NSW are required to pay superannuation contributions on your weekly payments at the superannuation guarantee rate (currently 11.5%, rising to 12% in July 2025). Your super fund keeps receiving contributions while you're off work, which matters for long-term retirement outcomes.
However, there are limits. Super is paid on your weekly payment amount, not on your full pre-injury wage if you've hit the SIRA cap. High earners who hit the cap may see a gap in super contributions compared to what they'd normally receive. And if you stop receiving weekly payments — for example, after week 260 — the super contributions stop too.
If your employer or the insurer isn't remitting super to your fund, this is recoverable. Our compensation lawyers regularly audit super contributions during a claim.
Does WorkCover Back Pay?
Yes. Once your claim is accepted, the insurer must back-pay weekly payments from the date of injury (or the date you first lost wages due to the injury) up to the current date. If the insurer took six weeks to accept liability, you'll receive a lump sum covering those six weeks.
A few things to know:
- Back pay is calculated at the same percentage you'd have been entitled to each week (95% for the first 13, stepping down from there).
- If you used sick leave or annual leave while waiting for your claim, your employer must restore that leave once back pay is processed.
- If the insurer disputes the claim initially and later loses, back pay accrues for the entire disputed period.
If your claim has been sitting with the insurer for more than the statutory assessment period without a decision, that is itself a trigger for escalation.
You Get 100% of Your Wage Forever.
Most people assume WorkCover = full pay indefinitely. This expectation leads to real financial stress when the first reduced payment arrives.
For the first 13 weeks, you receive up to 95% of your pre-injury earnings, capped at the maximum weekly compensation amount set by SIRA. After that, the rate drops to 80% if you have any work capacity, and weekly payments are generally capped at 260 weeks. Planning your household budget around the correct figure from week one prevents a nasty surprise at week 14.
What If Your Employer Doesn't Pay You?
A common source of confusion: your employer is not the one paying you on WorkCover. The insurer (icare for most NSW workers, or a self-insurer for some large employers) is responsible for your weekly payments. Your employer may physically transfer the money into your account and be reimbursed by the insurer, but the legal obligation sits with the insurer.
If payments are late, stopped, or reduced without proper notice, you have options:
- Request written reasons from the insurer — they must provide these.
- Lodge a dispute with the Personal Injury Commission within 21 days of a work capacity decision.
- Contact our WorkCover compensation lawyers — payment disputes are handled under the ILARS funding scheme, which means our legal team works at no cost to you.
You can read the official framework at SIRA's weekly payments guide.
How to Maximise What You're Entitled To
Most underpayments are preventable. The workers who receive their full entitlement follow a similar playbook:
- Get a properly completed Certificate of Capacity. Vague certificates delay payments and can cause the insurer to assume you have more capacity than you do. Our WorkCover-experienced doctors know exactly what to document.
- Supply your own wage records. Don't rely on the employer to provide 12 months of payslips to the insurer. Pull them yourself and calculate PIAWE including overtime, shift loadings, and regular bonuses.
- Never sign a work capacity assessment you disagree with. Insurers sometimes pressure workers to sign immediately. You have the right to a second opinion, and signing reduces your bargaining position.
- Dispute reductions within 21 days. If the insurer cuts your payment, you have 21 days from the work capacity decision to dispute it. Missing this window makes the decision much harder to overturn.
- Keep your treatment current. Payments can be suspended if you miss certificate renewals or medical reviews. Book the next Certificate of Capacity before the current one expires.
- Ask for a PIAWE recalculation if your hours were variable. If your earnings fluctuated in the 12 months before injury, the insurer's first calculation is often low. A recalculation can add hundreds of dollars per week.
Working With Our Team
WorkCover Hub is a dedicated clinic for injured workers. Our doctors complete Certificates of Capacity, our allied health team manages rehabilitation, and our lawyers handle disputes when insurers underpay or deny claims. The insurer pays our team directly — there is no out-of-pocket cost for accepted claims, and our legal work on weekly payment disputes is funded through ILARS.
If you've just been injured, our got injured page walks you through the first 48 hours. If you already have a claim and something looks wrong with your payment, our team can help you calculate your specific entitlement and take the right next step. Book a WorkCover doctor or read our related guide on how to claim workers compensation for the full process.
- You are entitled to up to 95% of pre-injury average weekly earnings for the first 13 weeks, not 100%.
- From week 14, the rate drops to 80% if you have any work capacity — or stays at 95% if you have no capacity to work.
- Weekly payments generally end at 260 weeks (5 years), unless your whole-person impairment is 21% or higher.
- Superannuation is paid on top of your weekly payment at the SG rate, but only up to the SIRA cap.
- Back pay from the date of injury is owed as a lump sum once the claim is accepted.
- You have 21 days to dispute any reduction in payments — miss this window and you lose most of your leverage.
