Table 3.9: Employer excess

New South Wales

Victoria

Queensland

Western Australia

South Australia

Tasmania

Northern Territory

Australian Capital Territory

C’wealth Comcare

C’wealth Seacare

C’wealth

DVA

New Zealand

Excess

Yes — s160 (Workers Compensation Act 1987).

Yes — s72

Yes — s65

No

Yes — s34 (transportation) and s64 (income support).

No

Yes — s56

No

No

Not prescribed under legislation but may be negotiated between employer and insurer.

N/A

Yes — s98

Period of incapacity

One week’s weekly compensation up to a maximum amount prescribed in the Market Practice and Premium Guidelines.

First 10 days

The lesser of:

100% of Qld full-time adult’s ordinary time earnings (QOTE), or the injured worker’s weekly compensation rate.

QOTE is $1,671.40 as at 1 July 2022

—

First two weeks of the period of incapacity per worker per calendar year.

—

Any part day lost on day of injury

If an employer does not provide an injury notice to an insurer within 48 hours, the employer is liable for weekly compensation payments from the date of injury until the employer gives the insurer the injury notice - s93(2) and s95(2).

Any part day lost on day of injury.

—

N/A

First week

Cost of benefits

—

First $642 of medical costs

$1,615.40 (max)

—

Differs depending upon cost of 2 weeks income support for worker.

—

—

As above

N/A

—

N/A

N/A

Buyout option

Excess is waived if the claim is reported to an insurer within 5 calendar days of the employer becoming aware of the injury.

Yes - employers can waive claims excess by paying an additional 10% on their premium

No

—

See s64(14)

—

—

N/A

N/A

—

N/A

N/A