WEEKLY BENEFITS FOR INJURED POST 1988 POLICE OFFICERS

Author: Tony Cardillo

Publish Date: November 22, 2005

The Workers Compensation rights for police officers who joined the NSW Police Service after April 1988 are governed by the provisions of the Workers Compensation Act 1987. The level of weekly benefits is determined by the status of the officer, that is, whether the officer is totally incapacitated or partly incapacitated for work, and the period of that total or partial incapacity. 

For example, if a police officer is totally incapacitated for work, has been discharged from the Police Service following a period of 26 weeks or more of total incapacity, he or she is entitled to the statutory rate of weekly benefits. 

The statutory rate for a single officer with no dependants is $340.90 per week gross.  An officer with a dependant spouse is entitled to an additional sum of $89.90 per week.  If that officer has a dependant child, an additional $64.20 per week is payable.  Additional amounts are payable for additional dependant children.

The Act provides for “top up” weekly benefits where an officer has been discharged and has found suitable work.  The officer is entitled to be paid the difference between what he/she is capable of earning and what he/she would probably have been earning had it not been for the injury.  The maximum “top up” payable to an officer is the maximum statutory rate referred to above. 

In determining what an officer would have earned had it not been for the injury, the calculation takes into account shift allowances and overtime.  To determine an officer’s entitlement, one must look at the earnings of “comparable employees”.  A ”comparable employee” is an officer of the same rank and experience doing work similar to the work that the injured officer would have been performing had it not been for the injury. 

These benefits are payable to an injured worker as long as the worker can continue to show that he/she is incapacitated for work and that incapacity arises as a consequence of the work related injury.  These benefits are payable up to retirement age plus 12 months.  For an adult male, the entitlement to weekly benefits continues to the age of 66 years.

For more information contact  Tony Cardillo or Daniel Lewis at Harris Wheeler on 49076300

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