Section 38A — Workers Compensation Act 1987 (NSW)

(1) If the determination of the amount of weekly payments of compensation payable to a worker with highest needs in accordance with this Subdivision results in an amount that is less than $788.32, the amount is to be treated as $788.32.
(2) If the amount specified in subsection (1) is varied by operation of Division 6A, a weekly payment of compensation payable to a worker with highest needs before the date on which the variation takes effect is, for any period of incapacity occurring on and after that date, to be determined by reference to that amount as so varied.

Related sections

• s 36 — Weekly payments during first entitlement period (first 13 weeks)
• s 37 — Weekly payments during second entitlement period (weeks 14–130)
• s 38 — Weekly payments after second entitlement period (after week 130)
• s 39 — Cessation of weekly payments after 5 years
• s 40 — Entitlement after second entitlement period not affected by certain circumstances
• s 41 — Compensation for incapacity after second entitlement period resulting from surgery

Research how courts apply s 38A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.