Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 157

157 Total incapacity

(1) The compensation payable to a totally incapacitated person is a payment under this section.

(2) The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable.

(3) However, the payment under subsection (2) must not be more than 70% of QOTE.

(4) The payment for a person who is employed, but not self-employed, is a payment under section 150 , 151 , 152 , 153 , 154 or 155 .

(5) The payment for a person who is self-employed is, for each week—

(a) for the first 26 weeks of the incapacity—

(i) if subparagraph (ii) does not apply—80% of QOTE; or

(ii) if the person replaces the person’s labour—the payment under subsection (6) ; and

(b) from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following—

(i) 70% of QOTE;

(ii) the reasonable cost of labour paid to replace the person; and

(c) from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity—

(i) if a person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following—

(A) 75% of the person’s NWE;

(B) 70% of QOTE; or

(ii) otherwise—an amount equal to the single pension rate.

(6) For subsection (5) (a) (ii) , the amount is—

(a) if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or

(b) if the reasonable cost of labour paid to replace the person is less than 80% of QOTE—the reasonable cost of labour paid to replace the person.