Key References & Legislation
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Overview of Weekly Payments in NSW
Weekly payments are designed to replace a portion of the income you lose when you are unable to work (either totally or partially) due to a work-related injury. The NSW scheme is built around "step-downs," meaning the amount you receive changes at specific intervals: the 13-week mark and the 130-week mark.
Whether you are a full-time employee, a casual worker, or an apprentice, the rules for calculating your rate are based on your Pre-Injury Average Weekly Earnings (PIAWE).
Quick answers before you dive into the full guide
- Can payments drop after 13 weeks? Yes. For many workers the statutory rate changes at 13 weeks and again later.
- Can payments stop after 130 weeks? They often can, unless eligibility tests continue to be met.
- Can payments end at 260 weeks? Yes, in most cases, unless a statutory exception applies.
- Is PIAWE the only issue? No. Work capacity decisions, treatment disputes, and threshold evidence often drive the outcome.
Detailed Weekly Payment Guides
PIAWE Calculation
How your average weekly earnings are calculated and how to identify insurer mistakes.
View Full Guide →Payments Stopped or Reduced
Urgent steps to take when your income is cut off by a work capacity decision.
View Full Guide →Indexation Rules
How payments are adjusted over time to account for economic changes.
View Full Guide →Multiple Jobs & Earnings
Entitlements for workers with more than one employer at the time of injury.
View Full Guide →Recalculation Requests
How to formally request an audit of your pre-injury earnings rate.
View Full Guide →The Calculation: Understanding PIAWE
Your payment rate is not a guess; it is governed by Schedule 3 of the 1987 Act. PIAWE is generally the average of your gross earnings in the 52 weeks before your injury.
What is Included in the Average?
- ✓ Base Hourly Rate / Salary
- ✓ Regular Overtime
- ✓ Shift Allowances
- ✓ Commissions / Piece Rates
- ✓ Non-monetary benefits (car, etc)
- ✓ Multiple Employers' income
Insurers often simplify this calculation to their advantage. For example, they may exclude your overtime or fail to include earnings from a second job you were doing at the time of the accident. If you had concurrent employment, review the dedicated multiple jobs and earnings guide to see what should be included.
The Three Key Payment Periods
Your entitlements "step down" as your claim progresses. It is vital to know when these changes occur so you can plan your finances.
Period 1: First 13 Weeks
You generally receive 95% of your PIAWE. If you are working light duties, you receive 95% of your PIAWE minus your actual earnings. For an early-stage underpayment checklist, read the section 36 first-13-weeks guide.
Period 2: Week 14 to Week 130
If you have no capacity for work, the rate drops to 80% of your PIAWE. However, if you are working at least 15 hours per week, you may still be entitled to 95%. For the practical evidence checklist in this window, read the section 37 weekly-rate guide.
Period 3: After 130 Weeks (The 2.5 Year Cliff)
Payments usually cease at 130 weeks unless you have no capacity for work and are likely to continue to have no capacity indefinitely, or you reach a specific impairment threshold. For a practical evidence timeline at this stage, review the section 38 post-130-weeks guide, compare how insurers classify you in the section 41 current-work-capacity guide, and the section 40 no-current-work-capacity test guide.
The 260-Week Limit (Section 39)
In NSW, weekly payments are capped at 5 years (260 weeks) for the vast majority of workers. The only way to continue receiving payments beyond 5 years is to reach a Whole Person Impairment (WPI) rating of more than 20%. Before your claim reaches that cutoff, review the section 39 260-week dispute timeline guide so you can prepare evidence early.
Check your WPI eligibility →Common Reasons Payments are Disputed
Work Capacity Decisions
The insurer assesses that you can work in "suitable employment" (like security or admin) even if you haven't done that work before. This is used to reduce your payments to zero. If this has happened to you, review the work capacity decision dispute guide for next-step options.
Calculation Errors
Missing overtime, bonuses, or indexation increases from the calculation. Many workers are underpaid by $50–$200 every single week. Use the PIAWE indexation guide to check whether your insurer has applied annual increases correctly.
What usually goes wrong before payments are cut
Most weekly-payments disputes do not start with a single dramatic refusal. They usually build through a pattern of insurer decisions that slowly reduce your income, weaken your medical evidence, or push you into an unrealistic return-to-work plan.
PIAWE is set too low at the start
A bad starting rate can underpay you for months before anyone notices. Overtime, shift penalties, allowances, and second-job income are often missed. Start with the PIAWE calculation guide and, if needed, use the recalculation request guide before the underpayment snowballs.
Treatment delays weaken your capacity evidence
If rehab, scans, pain management, psychology, or surgery are delayed, the insurer can later argue your restrictions are unclear or stable. The treatment denial guide and surgery denial guide explain how to stop that evidence gap from being used against you.
IME opinions are used to justify a work-capacity cut
One insurer-arranged examination can suddenly become the basis for saying you can work more hours, do suitable employment, or no longer need treatment. If that report does not match your actual symptoms or treating records, compare it against the unfair IME report guide before the insurer locks in a reduction.
Threshold issues are left too late
Workers approaching 130 weeks or 260 weeks often discover too late that they need better evidence about whole person impairment, ongoing incapacity, or serious-injury status. Review the lump sum WPI pathway and the Section 39 guide well before the cutoff date.
Related weekly payments and dispute guides
- Workers Compensation Services (NSW)
- PIAWE Calculation Guide
- Request a PIAWE Recalculation
- Weekly Payments Stopped or Reduced
- Challenge a Work Capacity Decision
- Section 78 Notice Guide
- PIC Disputes Process Guide
- Section 39 260-Week Limit Guide
- Section 32A Seriously Injured Worker Guide
- NSW Workers Compensation Insurer Directory
- Free Claim Check
Audit Your Weekly Payments For Free
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