What does section 36 cover in NSW workers compensation?

Section 36 generally governs weekly payment rates in the first 13 weeks after incapacity begins, including when 95% of PIAWE is payable and how post-injury earnings affect the calculation.

Why is my first-13-week payment less than expected?

Underpayments in the first 13 weeks commonly come from incorrect PIAWE inputs, omitted overtime or allowances, missing second-job income, or insurer assumptions about earnings you did not actually receive.

How do I challenge a section 36 underpayment quickly?

Request the insurer calculation breakdown, compare each input against payslips and payroll records, lodge a written correction request immediately, and escalate via the work-capacity/payment dispute pathway if the error is not fixed promptly.

What should I gather in the first 48 hours if section 36 payments look wrong?

Collect the insurer payment breakdown, payslips, overtime and allowance records, second-job income evidence, and a treating certificate with clear functional and hours limits so the correction request can be actioned without delay.

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.

Request section 36 payment review Call 02 7233 3661 Weekly payments hub

Direct answer: how section 36 weekly payments work in NSW

In NSW workers compensation, section 36 usually sets weekly payments for the first 13 weeks of incapacity. The practical check is whether the insurer used the correct pre-injury average weekly earnings (PIAWE), included overtime, allowances and second-job income where relevant, and only deducted actual post-injury earnings. If the calculation looks low, ask for the breakdown immediately, send corrected payroll and medical evidence, and escalate before several pay cycles compound the underpayment.

What to check in the first 48 hours

Ask the insurer for the written section 36 calculation and the incapacity start date it used.
Compare the PIAWE figure against payslips, rosters, overtime, shift penalties, allowances and any second-job income.
Check whether the insurer deducted actual post-injury earnings only, not assumed hours you were not paid for.
Get a treating certificate that explains real work restrictions, safe hours and functional limits in practical terms.
Send the correction request before the next pay cycle and diary escalation through the work-capacity or PIC pathway.

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.

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.

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.

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.