Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 161

Weekly payments in first entitlement period

In relation to a claim by a worker for compensation in the form of weekly payments, the worker is entitled, subject to and in accordance with this Act, while incapacitated for work during the first entitlement period, to weekly payments

        (a)     if the worker has no current work capacity and no current weekly earnings, at the rate of—

              (i)     95 per cent of the worker's pre-injury average weekly earnings, less the deductible amount; or

              (ii)     twice the State average weekly earnings—

whichever is the lesser; or

        (b)     if the worker has a current work capacity, or has no current work capacity but has current weekly earnings, at the rate of—

              (i)     the difference between 95 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and the worker's current weekly earnings; or

              (ii)     the difference between twice the State average weekly earnings and the worker's current weekly earnings—

whichever is the lesser.



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