---
title: "Work out Victorian weekly payments 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/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-2-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

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

> In a firm-controlled tool, set the earnings, the certificate of capacity and the weeks already paid against the WorkSafe entitlement periods, and leave the weekly amount for the lawyer.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments/victoria  
Last reviewed: 2026-10-25

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 | In a firm-controlled tool, set the earnings, the certificate of capacity and the weeks already paid against the WorkSafe entitlement periods, and leave the weekly amount for the lawyer. Do not apply a transport loss-of-earnings calculation to a work claim. |
| What the lawyer must review | Apply the WorkSafe entitlement periods. Do not use another scheme's step-down. After 130 weeks, list the continuation tests and leave the result. Confirm the rates in the Act. The page, not an opened section, states 95 and 80 per cent. |
| Written for | Victoria |
| Applies to | [Work out weekly compensation from earnings, capacity and time on payments](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments.md) |

## Checking plan

**Verify against sources**

The lawyer decides the weekly amount. The percentages come from the WorkSafe page and must be confirmed in the Act.

- What the AI does: In a firm-controlled tool, set the earnings, the certificate of capacity and the weeks already paid against the WorkSafe entitlement periods, and leave the weekly amount for the lawyer. Do not apply a transport loss-of-earnings calculation to a work claim.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. First 13 weeks: 95 per cent of PIAWE up to twice State average weekly earnings if there is no current work capacity, or 95 per cent of PIAWE minus current earnings if there is. Weeks 14 to 130: 80 per cent of PIAWE, or 80 per cent minus 80 per cent of current earnings, up to the statutory maximum. Do not state a dollar maximum.
2. PIAWE is generally the average of ordinary earnings for the 52 weeks before injury. A shorter job uses that shorter period. Unpaid leave and periods not worked are excluded. Overtime and shift allowances drop out of PIAWE after 52 weeks.
3. The certificate of capacity is the page's source for current work capacity. Do not infer capacity from a medical report the certificate does not adopt.
4. After 130 weeks, if the claim reached 130 weeks on or after 31 March 2024, list both tests for no capacity (indefinite, and 21 per cent impairment) and the partial-return tests (returned to work, at least 15 hours and at least $257 a week indexed, unlikely to earn more, and the 21 per cent test). Leave the result.

## Notes

- A TAC loss-of-earnings benefit is fortnightly for 18 months on pre-accident weekly earnings. It is not this table. Sections stating the weekly percentages were not opened. The lawyer confirms them.
- 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).

## Practical guide

Jurisdiction: Victoria: WorkSafe weekly payments

**Deliverable**: A period-by-period calculation sheet with the percentage, the earnings inputs, and a blank for the lawyer's weekly amount.

**Inputs**

- PIAWE working papers
- Certificate of capacity
- Weeks already paid
- Current earnings, if any

**Example**: Illustrative example: The worker is in week 40, with a certificate for some hours and current earnings. The tool selects the second-period formula, 80 per cent of PIAWE minus 80 per cent of current earnings, notes that overtime has dropped out, and leaves the dollar result blank. The lawyer decides the amount.

**Stop and escalate when**

- The weekly sections of the Act have not been confirmed.
- The claim is a TAC loss-of-earnings benefit and the WorkSafe table is about to be used.
- The continuation tests after 130 weeks are about to be treated as already met.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria: Weekly payments information](https://www.worksafe.vic.gov.au/weekly-payments-information) (checked 2026-10-23)
- [TAC: Loss of earnings benefits](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/loss-of-earnings-benefits) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Certificate of capacity / certificate of fitness (SIRA)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-sira-certificate-of-capacity.md) | Form | Yellow | Link to SIRA's certificate of capacity and certificate of fitness for workers compensation and CTP, including the doctor's certificate and the person's employment declaration. |
| [Motor accidents schedule of earnings (Personal Injury Commission)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-pic-schedule-of-earnings.md) | Form | Yellow | Link to the Motor Accidents Division approved schedule of earnings for a merit review, with the weekly-benefit periods and the earnings columns the form sets out. |

Signed-in accounts can read the full text of each one.

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