---
title: "New South Wales pre-injury average weekly earnings worksheet"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-piawe-worksheet"
type: "precedent"
site: "AI Law Framework"
id: "a21-nsw-piawe-worksheet"
area_id: "A21"
kind: "other"
ai_level: "yellow"
version: 1
task_ids: ["A21-WC20261023-10", "A21-WD20261023-9", "A22-TP20261023-3"]
law_stated_as_at: "2026-10-23"
---

# New South Wales pre-injury average weekly earnings worksheet

> Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. The indexed maximum is not typed.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-piawe-worksheet  
Law stated as at: 2026-10-23

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

## Key facts

- Kind: Other. A precedent that fits none of the other kinds.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 3 authorities it cites, for New South Wales.

## When to use it

Use when working out weekly compensation for a New South Wales work injury. The lawyer supplies the pay records and decides which clause of Schedule 3 applies. Do not use it for a motor accident or for Victoria or Queensland.

## Used for these tasks

- [Prepare the response to a notice suspending weekly payments](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-response-to-a-notice-suspending-weekly-payments.md)
- [Reconcile statutory payments with a work injury damages outcome](https://ailawframework.com/practice/personal-injury-and-compensation/reconcile-statutory-payments-with-a-work-injury-damages-outcome.md)
- [Map policy offset clauses against statutory weekly payments and other income](https://ailawframework.com/practice/insurance-law/map-policy-offset-clauses-against-statutory-weekly-payments-and-other-in.md)

## How AI may be used

The tool sets out the Schedule 3 steps and the sections 36 and 37 rates, and leaves every dollar and every capacity finding blank until the lawyer fills it.

**AI may:**

- List the 52-week relevant earning period and the weeks the lawyer marks for exclusion once a regulation is applied.
- Add only the earnings clause 6 includes, and show the weekly average.
- Apply the section 36 or section 37 percentage the lawyer selects, and stop before any later period.

**AI must not:**

- Do not type the amount printed in section 34(1). Section 34(2) says an adjustment under Division 6, or an amendment, replaces it. Division 6 was not opened.
- Do not apply a rate after week 130. The later weekly-payment section was not opened.
- Do not invent the clause 7 fringe-benefits formula. The graphic did not render as text.
- Do not sign a claim form or respond to a notice suspending payments.

**The lawyer checks:**

- Decide whether Division 2 of Part 3 applies to this injury.
- Decide which of clauses 2, 3, 4, 5 and 10 applies.
- Insert the maximum weekly compensation amount in force for the period of incapacity, after any Division 6 adjustment.
- Confirm current work capacity and, in the second entitlement period, whether the worker has returned for not less than 15 hours a week.
- Keep wage and medical records in the firm's system. Check Australian Solicitors' Conduct Rules rule 9, Australian Privacy Principle 11, and whether a breach would be notifiable under the Privacy Act 1988 (Cth).

## Authorities

- [Workers Compensation Act 1987 (NSW) Schedule 3 (pre-injury average weekly earnings)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/sch3.html)
- [Workers Compensation Act 1987 (NSW) s 36 (first entitlement period) and s 37 (second entitlement period)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s36.html)
- [Workers Compensation Act 1987 (NSW) s 34 (maximum weekly compensation amount)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s34.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-piawe-worksheet and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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