---
title: "Work out weekly compensation from earnings, capacity and time on payments"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments"
type: "task"
site: "AI Law Framework"
id: "A21-WR20261022-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Work out weekly compensation from earnings, capacity and time on payments

> From the payslips, the certificate of capacity and the insurer's payment history the lawyer supplies, set out pre-injury average weekly earnings, current work capacity, how long weekly payments have been made, earnings…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the payslips, the certificate of capacity and the insurer's payment history the lawyer supplies, set out pre-injury average weekly earnings, current work capacity, how long weekly payments have been made, earnings in suitable employment, and whether a relevant conduct-related psychological injury is still in the determination period. Do not calculate a step-down percentage the SIRA page does not state, and do not state the maximum weekly compensation amount. |
| What the lawyer must review | The lawyer decides the weekly amount. SIRA says the amount turns on pre-injury average weekly earnings, current work capacity, how long payments have been received, return to work, ability to earn in suitable employment, and whether a relevant conduct-related injury is in the determination period. The insurer has 21 days to accept or dispute liability after receiving the claim form. For a psychological injury caused by bullying, sexual or racial harassment, or excessive work demands, the insurer has 42 days, and the claim is deemed accepted if no decision is made in that time. If a certificate of capacity is not provided, the insurer may stop weekly payments within 7 days of advising that it is required. PIAWE guidance differs for injuries before 21 October 2019 and on or after that date. For injuries before 26 October 2018, shift and overtime allowances are excluded from PIAWE after 52 weeks. The maximum weekly amount is capped and indexed each April; the dollar figure is in the benefits guide, which was not opened. Paid first responders are exempt from some of the 2012, 2015 and 2025 amendments. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the payslips, the certificate of capacity and the insurer's payment history the lawyer supplies, set out pre-injury average weekly earnings, current work capacity, how long weekly payments have been made, earnings in suitable employment, and whether a relevant conduct-related psychological injury is still in the determination period. Do not calculate a step-down percentage the SIRA page does not state, and do not state the maximum weekly compensation amount.
- What the lawyer does: The lawyer decides the weekly amount. SIRA says the amount turns on pre-injury average weekly earnings, current work capacity, how long payments have been received, return to work, ability to earn in suitable employment, and whether a relevant conduct-related injury is in the determination period. The insurer has 21 days to accept or dispute liability after receiving the claim form. For a psychological injury caused by bullying, sexual or racial harassment, or excessive work demands, the insurer has 42 days, and the claim is deemed accepted if no decision is made in that time. If a certificate of capacity is not provided, the insurer may stop weekly payments within 7 days of advising that it is required. PIAWE guidance differs for injuries before 21 October 2019 and on or after that date. For injuries before 26 October 2018, shift and overtime allowances are excluded from PIAWE after 52 weeks. The maximum weekly amount is capped and indexed each April; the dollar figure is in the benefits guide, which was not opened. Paid first responders are exempt from some of the 2012, 2015 and 2025 amendments.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Take PIAWE from the insurer's calculation and the wage records, and note whether the injury is before 21 October 2019 or before 26 October 2018.
2. Do not apply a percentage step-down unless the lawyer has taken it from the current benefits guide.
3. Record the 21-day or 42-day liability period separately from the weekly amount.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [SIRA: Weekly payments](https://www.sira.nsw.gov.au/workers-compensation/what-you-can-claim/weekly-payments) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*