If you’re approaching or have just passed the 130-week mark on WorkCover, you might be unsure about what happens next. Weekly compensation payments may stop, even if you’re still recovering from your injury or unable to return to your previous role.
What many workers don’t realise is that weekly payments can continue beyond 130 weeks, but only under specific conditions. And as of 31 March 2024, under the Scheme Modernisation Act, new requirements make it more difficult for injured workers to remain on payments beyond the 130-week mark.
Learn who remains eligible for WorkCover payments beyond the 130-week mark, what changes have been made to Victoria’s WorkCover scheme, and what you can do if your payments have been stopped.
How WorkCover Payments Are Calculated Before 130 Weeks
It’s important to understand how Victoria’s WorkCover scheme works up to 130 weeks:
- For the first 13 weeks, you receive 95% of your pre-injury average weekly earnings (PIAWE)
- From week 14 to week 130, payments reduce to 80% of your PIAWE.
As the 130-week milestone approaches, your insurer will likely arrange for your work capacity to be assessed. This might include evaluations by vocational or occupational experts who will examine whether you can return to any form of suitable work.
If they believe you have a work capacity, your payments may be stopped. Having legal support early in this process can significantly improve your chances of a fair outcome.
New Whole Person Impairment Requirements (After 130 Weeks)
After 130 weeks, continuing payments isn’t automatic. There are new requirements for Whole Person Impairment (WPI) to continue receiving weekly payments after the 130-week period (Scheme Modernisation Act). The WPI requirement will apply to all claims that reached 130 weeks on, or after, 31 March 2024.
To continue receiving weekly payments after 130 weeks, workers must now:
- have a whole person impairment (WPI) of 21% or more, and
- meet the existing capacity test requirement.
If you don’t meet both the work capacity and WPI requirements, your payments can be lawfully stopped, even if you’re still unable to work.
Impact of Returning to Work on WorkCover Payments
Returning to work after 130 weeks doesn’t always end your entitlement to weekly payments. If you’ve returned on a part-time basis, you might still be eligible for top-up payments if:
- You’re working 15 hours or more each week
- You’re earning more than the weekly threshold (indexed annually)
- You reached the 130-week point on or after 31 March 2024, you must also have a Whole Person Impairment (WPI) rating of 21% or greater
- A medical practitioner can confirm you’re working to your full current capacity.
To claim top-up payments, a specific application must be completed and submitted to the insurer. Many workers aren’t told about this form or the option at all. Carbone Lawyers can help ensure your application is accurate and supported by the right medical evidence.
What to Do If Your WorkCover Payments Are Terminated
If your payments are terminated, you can challenge the decision. Here are your options:
- Conciliation through the Workplace Injury Commission: A process where you, the insurer, and your representatives negotiate a resolution. This can result in either reinstated payments or a short-term settlement.
- If the matter isn’t resolved, you may proceed to:
- A Medical Panel: Independent doctors review your condition and issue a binding decision on your work capacity.
- The Magistrates’ Court: A judicial review where a Magistrate determines whether the termination was lawful.
A successful challenge may result in your weekly payments being reinstated and back-paid. Legal advice during this process is strongly recommended, especially if you’re navigating it for the first time. Talk to our team of personal injury experts for advice.
How Carbone Lawyers Can Help You Stay Protected
Carbone Lawyers has been representing injured Victorians for decades. We specialise in workplace injury law, including WorkCover disputes, impairment assessments, and reinstatement of weekly payments.
We will help you:
- Navigate insurer assessments and applications
- Prepare for conciliation or court if needed
- Ensure your WPI and work capacity are properly supported with medical evidence
- Complete all relevant documents to maximise your entitlement
Contact Carbone Lawyers Today
Even if your WorkCover payments have stopped after 130 weeks, it may not be the end of your entitlement. Whether you’ve been unable to return to work or you’ve resumed limited hours, you could still qualify for lump sum compensation.
The rules have changed, but your rights remain. Carbone Lawyers are here to help you understand your options and secure the compensation you deserve.
Our no win, no fee policy means that most personal injury claims have no upfront fees. If you need legal advice or are unsatisfied with your current lawyers, the Carbone Lawyers team is ready to help. Call 1800 369 888.
