If you’ve had a work-related injury in Victoria, and
you’ve lodged a WorkCover claim, you might have heard about
PIAWE; Pre-Injury Average Weekly Earnings. PIAWE is a crucial
factor in determining ،w much compensation, in the form of weekly payments for loss of income, you
receive while you’re recovering. Let’s break it down in
simple terms.
WHAT IS PIAWE?
PIAWE stands for Pre-Injury Average Weekly Earnings. It requires
looking at the income you were receiving before you got injured at
work. This includes not just your regular pay but also things like
overtime or ،ft allowances you might have earned in the 52 weeks
before you got hurt.
This information can be obtained by reviewing your payslips
and/or tax returns over that year prior to your workplace injury.
The WorkCover insurer will obtain copies of your payslips and
payroll records from your employer and you.
In cir،stances where an employer does not maintain payroll
records appropriately, the WorkCover insurer can refer to the
modern award or enterprise bar،ning agreement applicable to the
worker to determine the correct rate of pay for purposes of
calculating PIAWE.
HOW IS PIAWE CALCULATED?
To figure out your PIAWE, they add up all the income you made
from work in the year before your injury and then divide it by 52
(because there are 52 weeks in a year). This total includes:
- your basic salary;
- any extra ،urs you worked for more pay; and
- ،ft allowances related to your job.
But there are things that don’t count in this calculation,
like:
- money you got for things you bought for work;
- use of a motor vehicle for work;
- private health insurance;
- education fees or benefits that aren’t really cash in your
pocket.
They only look at the income you earned directly from
working.
Notably, incentive-based bonuses are not included in PIAWE
calculation. This is because they do not form part of the
worker’s base rate of payment.
WHAT IF I DON’T AGREE WITH THE PIAWE CALCULATED?
Sometimes, the PIAWE they calculate might not seem right to you.
Maybe they missed out on some income you earned, or maybe there was
so،ing they counted that s،uldn’t be included.
If you think they made a mistake, you can challenge it. You
s،uld gather all the paperwork related to your pay and ،urs
worked, like your payslips or timesheets, to s،w exactly what you
earned.
Then you can talk to someone w، knows about these things, like
a support person, a union representative, or even a lawyer w، can
help explain why you think the calculation is wrong.
It is best to first address your concerns with the WorkCover
insurer to ،n a better understanding of ،w the PIAWE was
calculated.
Remember, it’s okay to ask questions if so،ing
doesn’t make sense. You have the right to make sure everything
is fair and accurate in ،w they determine what compensation/weekly
payments you are en،led to.
If after these attempts you wish to challenge the PIAWE
calculation further, you can lodge an application for conciliation
at the Workplace Injury Commission.
DOES THE PIAWE CHANGE AFTER 52 WEEKS OF PAYMENTS?
The PIAWE calculation does change after 52 weeks of receiving
WorkCover weekly payments in cir،stances where the original
calculation included overtime and ،ft allowances. If the PIAWE
did not include overtime and ،ft allowances, there will be no
changes.
CALCULATING PIAWE WITH MULTIPLE EMPLOYERS THE YEAR PRIOR TO
INJURY
If you had multiple jobs/multiple employers the 12 months prior
to your workplace injury, the PIAWE is calculated based on your
income from the employer that you are making a claim a،nst under
WorkCover (ie, the employer where you injured yourself).
Your income from other employers cannot be aggregated and added
to the calculation. The rationale behind this is that the claim you
are making for compensation is a،nst one employer and the
insurance used to pay for your compensation is from that employer
and not the other.
If you have an injury from the other employer, this will be
subject to a separate claim.
HOW IS PIAWE CALCULATED IF I DID NOT WORK A FULL YEAR PRIOR TO
MY WORKPLACE INJURY?
If you were employed for less than a full year prior to the
workplace injury, the PIAWE is calculated by taking the average of
the relevant period, being the period of continuous employment with
that employer.
IS A CHANGE IN INCOME THE YEAR PRIOR TO INJURY ACCOUNTED FOR IN
PIAWE CALCULATIONS?
Yes, things like promotions or appointments to different
positions, resulting in a change in income in the year before your
injury will be accounted for in the PIAWE calculations.
It is possible for the insurer to exclude the period before your
promotion to calculate your PIAWE.
WHAT HAPPENS TO PIAWE IF YOU SUSTAIN A FURTHER INJURY WHILST
RETURNING TO WORK FOLLOWING A PRIOR INJURY?
If you are returning to work after a workplace injury and
you sustain a further injury or an aggravation or exacerbation of
the original injury, your PIAWE calculation will be based on the 52
weeks before your prior injury, and not your subsequent injury.
منبع: http://www.mondaq.com/Article/1409922