Section 36 — Workers Compensation Act 1987 (NSW)

(1) The weekly payment of compensation to which an injured worker who has no current work capacity is entitled during the first entitlement period is to be at the rate of 95% of the worker’s pre-injury average weekly earnings.
(2) The weekly payment of compensation to which an injured worker who has current work capacity is entitled during the first entitlement period is to be at the lesser of the following rates—
(a) 95% of the worker’s pre-injury average weekly earnings, less the worker’s current weekly earnings,
(b) the maximum weekly compensation amount, less the worker’s current weekly earnings.

Related sections

• s 32A — Definitions
• s 33 — Weekly compensation during total or partial incapacity for work
• s 34 — Maximum weekly compensation amount
• s 37 — Weekly payments during second entitlement period (weeks 14–130)
• s 38 — Weekly payments after second entitlement period (after week 130)
• s 38A — Special provision for workers with highest needs

Research how courts apply s 36

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