Map Victorian transport and work compensation entitlements
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, map the Victorian weekly-payment periods and the TAC loss-of-earnings period from the instructions, and leave every dollar cap blank.
- What the lawyer must review
- Confirm the weekly rates in the Act. The 95 and 80 per cent figures are from the WorkSafe page.
- Keep TAC loss of earnings separate: 18 months, paid fortnightly, on pre-accident weekly earnings.
- Leave dollar caps blank. The lawyer supplies the current maximum.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: WorkSafe weekly payments and TAC loss-of-earnings benefits
Produce. A map of the entitlement periods and the percentage or fortnightly basis, with dollar caps left blank.
Have ready. Earnings history and any overtime or shift pay; Certificate of capacity; Weeks already paid; Whether the injury is work, transport, or both.
Example of the limit. Illustrative example: The worker is in week 20 with some earnings. The tool selects the second entitlement period and the 80 per cent formula from the WorkSafe page, and leaves the statutory maximum blank. The lawyer confirms the section and the amount.
Stop and hand it back when
- A dollar maximum is about to be filled in from memory.
- TAC loss of earnings is about to be calculated on the WorkSafe 95 and 80 per cent table.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, map the Victorian weekly-payment periods and the TAC loss-of-earnings period from the instructions, and leave every dollar cap blank. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- WorkSafe first 13 weeks, no current work capacity: 95 per cent of PIAWE up to twice State average weekly earnings. With current work capacity: 95 per cent of PIAWE minus current earnings. Weeks 14 to 130: 80 per cent of PIAWE, or 80 per cent minus 80 per cent of current earnings. Overtime and shift allowances stay in PIAWE only for the first 52 weeks.
- After 130 weeks, if the claim reached 130 weeks on or after 31 March 2024, the page requires no capacity for any work likely to continue indefinitely and a permanent impairment of 21 per cent or more. A partial return needs at least 15 hours and at least $257 a week (indexed), unlikely to earn more, and the 21 per cent test on that date rule. Do not decide that the tests are met.
- PIAWE on the page is generally the average of ordinary earnings for 52 weeks before injury. Shorter employment uses that period. Unpaid leave and periods not worked are excluded. Superannuation contributions can start after 52 weeks. Retirement age is pension age under the Social Security Act 1991 (Cth).
- TAC loss of earnings is a different benefit: a fortnightly payment for the first 18 months after the accident, or 18 months after the injury first manifests, based on pre-accident weekly earnings. The TAC indexes it at the beginning of each financial year where Average Weekly Earnings of all employees in Victoria have risen. Loss-of-earning-capacity rates were not opened. Do not state them.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Application for review (SAET form A02, Return to Work): completion guide | Form | AI use Yellow | Link to SAET form A02, Application for Review (Return to Work), on the start-a-new-case page. |
| Injury intake questionnaire | Form | AI use Yellow | Questions for the first contact with an injured person: who is enquiring, age and capacity, how the injury happened, which schemes might apply, treatment and work, and the documents to keep. |
| Application for expedited decision (SAET form A03): completion guide | Form | AI use Yellow | Link to SAET form A03, Application for Expedited Decision (Return to Work), named on the start-a-new-case page. |
| TAC funeral and dependency benefits claim form: completion guide | Form | AI use Yellow | Link to the TAC form for funeral expenses and dependency benefits after a death in a transport accident, with the online form and the PDF the TAC publishes on the same page. |
| Permanent impairment claim form (SIRA): lump sum workers compensation | Form | AI use Yellow | Link to SIRA's permanent impairment claim form, with the form's own threshold words set beside the 11% and 15% figures on SIRA's current permanent impairment page. |
| Application for suitable employment (SAET form A04): completion guide | Form | AI use Yellow | Link to SAET form A04, Application for Suitable Employment (Return to Work), named on the start-a-new-case page. |
| TAC serious injury application form (Common Law Protocols 2026): completion guide | Form | AI use Yellow | Guide to the TAC form lawyers use to request a serious injury certificate under Part 6 of the Transport Accident Act 1986 and the Common Law Protocols 2026, including the section 93(17) limbs and the signed authority. |
| Victorian WorkSafe common law damages: steps on the public page | Checklist | AI use Yellow | The steps WorkSafe Victoria publishes for a common law damages application, including the 120-day response and the 21-day and 51-day window after a statutory counter offer. |
| Application for payment of wages (SAET form A06): completion guide | Form | AI use Yellow | Link to SAET form A06, Application for payment of wages under the Return to Work Act, named on the start-a-new-case page. |
| TAC impairment application form (Impairment Assessment Protocols 2026): completion guide | Form | AI use Yellow | Guide to the TAC form lawyers use to request an impairment assessment under Part 3 of the Transport Accident Act 1986 and the Impairment Assessment Protocols 2026. |
| Application for mediation (NT WorkSafe): completion guide | Form | AI use Yellow | Link to the NT WorkSafe application for mediation under the Return to Work Act 1986. |
| PIPA notice of claim, dependency (Form 3, version 6) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 3, version 6, for a dependency claim. |
| Retainer and scope letter for an injury claim | Letter | AI use Yellow | Letter telling the client what the firm will do, what it will not do, who will do the work, and how health information will be handled. |
| WorkSafe worker's claim for impairment benefits: completion guide | Form | AI use Yellow | Link to the WorkSafe form a worker uses to claim compensation for permanent impairment from a work injury, which the claims manual treats as a non-economic loss claim. |
| Work capacity certificate for a Queensland workers' compensation claim | Form | AI use Yellow | Link to the WorkSafe work capacity certificate page: the claim is not valid without it. |
| WorkSafe claim for compensation following a work-related death: completion guide | Form | AI use Yellow | Link to the WorkSafe form used after the death of a worker from a work-related injury or illness, including dependency, grief and loss, and funeral expenses. |
| NIISQ application for interim participation | Form | AI use Yellow | Link to the NIISQ interim-participant application for a serious personal injury in a Queensland motor accident on or after 1 July 2016. |
| Victim Assist Queensland request for funeral expenses | Form | AI use Yellow | Link to the Victim Assist page for funeral expenses after a violent crime: a related victim claiming online uses Part A, then Part B, and the email path uses a Funeral Only PDF that was not opened. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- WorkSafe Victoria: Weekly payments information · 2026-10-23
- TAC: Loss of earnings benefits · 2026-10-23
Sections 160, 165, 190 and 191 of the WIRC Act were not opened. The lawyer confirms the weekly rates in the Act. Do not invent a dollar maximum. The page says the Act sets the rates and the maximum is twice State average weekly earnings.
Medical and like expenses are not part of this map's duration. Duration is section 232, which is a separate task.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).