Section 37 — 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 second entitlement period is to be at the rate of 80% 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 and has returned to work for not less than 15 hours per week is entitled during the second 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.
(3) The weekly payment of compensation to which an injured worker who has current work capacity and has returned to work for less than 15 hours per week (or who has not returned to work) is entitled during the second entitlement period is to be at the lesser of the following rates—
(a) 80% 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 33 — Weekly compensation during total or partial incapacity for work
• s 34 — Maximum weekly compensation amount
• s 36 — Weekly payments during first entitlement period (first 13 weeks)
• s 38 — Weekly payments after second entitlement period (after week 130)
• s 38A — Special provision for workers with highest needs
• s 39 — Cessation of weekly payments after 5 years

Research how courts apply s 37

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