Published: 18 July 2016
Author: Peter Claven

What you need to know about WorkCover and work injury

Will WorkCover pay my super? Can my income be stopped?

Most people are aware that WorkCover will offer you a weekly income payment in replacement of your usual wage, if your claim is accepted.

Anyone who has had their claim approved will typically also have a couple of additional questions that jump to mind. Will WorkCover also continue to pay my Super contributions while I’m off work, and under what circumstances might my income payments be stopped?

Will WorkCover pay my superannuation?

Your employer may be required to also pay superannuation if all of the following conditions are satisfied:

  • The date of injury is on or after 5 April 2010
  • Weekly payment have been paid or are payable for a total of 52 weeks or more, regardless of whether they are consecutive
  • You continue to be entitled to weekly payments
  • You haven’t reached the age of 65.

Can WorkCover stop my income payments?

Your payments may cease after 130 weeks. Some people however may be entitled to payments after this period.

Your payments can be suspended or terminated if you do not make every reasonable effort to participate in rehabilitation, retraining and return to work plans.

Return to work plans should be made in consultation with your treating doctor and a rehabilitation services provider.

Further, your payments can be terminated if you are no longer incapacitated for work, or, if you do have an incapacity for work but it doesn’t relate to the injury for which your claim was accepted.

Peter Claven is a practicing injury lawyer in Warrnambool and Colac, with a particular interest in TAC and WorkCover.

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