NSW workers compensation blog
Section 36 NSW: weekly payments in the first 13 weeks
The first 13 weeks set the baseline for the entire claim. Section 36 is where many workers are underpaid early because PIAWE inputs are wrong or insurer assumptions are rushed. Fixing these errors quickly protects both immediate cash flow and later step-down periods.
1) Confirm the insurer has applied section 36, not later step-down logic
In the first 13 weeks, the section 36 framework generally applies. Insurer letters sometimes blur periods and import assumptions from later phases. Ask for the exact section relied on and verify the incapacity start date. If your claim has moved beyond week 13, compare the section 37 guide so your objection matches the right statutory test.
2) Audit PIAWE inputs before arguing medical issues
Early underpayments are often mathematical. Rebuild the rate using the PIAWE calculation guide and compare against what the insurer used for overtime, allowances, and second-job earnings. If entries are missing, file a documented correction request immediately rather than waiting for the next review cycle.
3) Lock in evidence quality in the first fortnight
Generic certificates can leave room for insurer assumptions. Ask treating providers to state functional limits, realistic hours, and why current duties are unsustainable. Pair this with payroll records and wage summaries so factual and medical evidence align from the start.
4) Escalate quickly if the insurer does not fix the rate
If correction requests stall, move into the work-capacity dispute pathway and prepare for escalation through the Personal Injury Commission process before multiple pay cycles compound the shortfall.
Section 36 rapid check checklist
- Incapacity start date and statutory period confirmed in writing
- PIAWE inputs verified against payslips, overtime and allowances
- Second-job income included where applicable
- Treating evidence specifies real functional and hours limits
- Escalation dates diarised before next payment cycle
If your first payments look wrong, request a free claim check to pressure-test the section 36 calculation before losses stack up.