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DBH Lawyers

- 7 Aug 2017
  • Personal Injury

Are your workers’ compensation weekly payments less than the national minimum wage?

This is a common question and one that is easy to check.

The national minimum wage for a permanent full-time worker is currently in the amount of $672.70 gross per week (based on $17.70 gross per hour for a 38 hour week).

Casual workers covered by the national minimum wage are also entitled to a 25% loading.

So why is this important?

If your workers’ compensation weekly payments are less than this, you may be entitled to more money.

A judgement from our State’s Employment Tribunal earlier this year decided that weekly payments made as part of a workers’ compensation claim can not be less than the minimum wage.

(Note, the decision has been appealed to the Supreme Court of South Australia by Return to Work SA.)

If this appeal is unsuccessful, and your workers’ compensation weekly payments have been less than national minimum wage since 1 July 2015, you may be entitled to payment in arrears from Return to Work SA, in addition to ongoing weekly payments at a higher rate.

If you are in any doubt, please contact DBH Lawyers for legal advice as you may need to file an Application for Review at the South Australian Employment Tribunal to seek an increase of your weekly payments rate.  Contact DBH today on 1800 324 324 or send us a message.