NSW workers compensation blog
Section 36 NSW: weekly payments in the first 13 weeks
The first 13 weeks set the baseline for the entire claim. Section 36 is where many workers are underpaid early because PIAWE inputs are wrong or insurer assumptions are rushed. Fixing these errors quickly protects both immediate cash flow and later step-down periods.
Direct answer: how section 36 weekly payments work in NSW
In NSW workers compensation, section 36 usually sets weekly payments for the first 13 weeks of incapacity. The practical check is whether the insurer used the correct pre-injury average weekly earnings (PIAWE), included overtime, allowances and second-job income where relevant, and only deducted actual post-injury earnings. If the calculation looks low, ask for the breakdown immediately, send corrected payroll and medical evidence, and escalate before several pay cycles compound the underpayment.
What to check in the early triage stage
- Ask the insurer for the written section 36 calculation and the incapacity start date it used.
- Compare the PIAWE figure against payslips, rosters, overtime, shift penalties, allowances and any second-job income.
- Check whether the insurer deducted actual post-injury earnings only, not assumed hours you were not paid for.
- Get a treating certificate that explains real work restrictions, safe hours and functional limits in practical terms.
- Send the correction request before the next pay cycle and diary escalation through the work-capacity or PIC pathway.
Confirm the insurer has applied section 36, not later step-down logic
In the first 13 weeks, the section 36 framework generally applies. Insurer letters sometimes blur periods and import assumptions from later phases. Ask for the exact section relied on and verify the incapacity start date. If your claim has moved beyond week 13, compare the section 37 guide so your objection matches the right statutory test.
This matters because a worker can be paid correctly under one period and incorrectly under another. A letter that says only “weekly payments adjusted” is not enough to check the decision. The practical request is simple: ask the insurer to identify the weekly payment section, the incapacity week range, the PIAWE figure, the percentage applied, and every deduction for actual earnings. Keep that request in writing so any later dispute starts from a clear calculation, not a phone summary.
Audit PIAWE inputs before arguing medical issues
Early underpayments are often mathematical. Rebuild the rate using the PIAWE calculation guide and compare against what the insurer used for overtime, allowances, and second-job earnings. If entries are missing, file a documented correction request immediately rather than waiting for the next review cycle.
The strongest correction requests usually attach a compact evidence pack: payslips for the relevant pre-injury period, rosters showing ordinary and overtime patterns, allowance details, tax or payroll records for any second job, and a short table showing the figure the insurer used beside the figure you say should have been used. Do not overstate the result. If a component is uncertain, identify it as a question and ask the insurer to confirm whether it was included and why.
Lock in evidence quality in the first fortnight
Generic certificates can leave room for insurer assumptions. Ask treating providers to state functional limits, realistic hours, and why current duties are unsustainable. Pair this with payroll records and wage summaries so factual and medical evidence align from the start.
If you have some capacity for work, the certificate should be practical rather than vague: safe hours, lifting or standing limits, medication effects, travel restrictions, and whether modified duties are actually available. If you have no current work capacity, the certificate should explain why ordinary or suitable duties are unsafe at this stage. Good section 36 evidence links the pay calculation to real medical restrictions instead of leaving the insurer to infer capacity from incomplete notes.
Escalate quickly if the insurer does not fix the rate
If correction requests stall, move into the work-capacity dispute pathway and prepare for escalation through the Personal Injury Commission process before multiple pay cycles compound the shortfall.
In practice, the written escalation should separate the dispute into clear parts: the statutory period, the PIAWE inputs, any post-injury earnings deduction, and the medical capacity evidence. That makes it harder for the issue to be treated as a general complaint. It also helps if the dispute later needs claim-specific advice, because the file already shows what was challenged, when it was challenged, and what evidence was supplied.
Evidence that usually changes the first-13-week calculation
Section 36 disputes are often won or lost on ordinary documents rather than dramatic legal argument. The documents that tend to matter most are payroll records, the insurer calculation sheet, current certificates of capacity, rosters showing real pre-injury work patterns, and written employer confirmation of what duties or hours are actually available after the injury.
- Payroll proof: payslips, allowance records, overtime history, payroll summaries and second-job income evidence.
- Medical proof: certificates of capacity and treating notes that explain safe hours and functional restrictions.
- Decision proof: the insurer breakdown, decision letter, emails about deductions, and any phone-note confirmation.
- Workplace proof: rosters, modified-duty offers, position descriptions and written details of duties actually performed.
Common section 36 mistakes to avoid
- Accepting a low payment without asking for the PIAWE calculation and the exact earnings deduction.
- Sending payslips without a short table explaining what number they prove.
- Letting a vague certificate suggest capacity for hours or duties the worker cannot safely perform.
- Waiting until week 14 or a later step-down before fixing a mistake that began in the first payment cycle.
- Relying on phone explanations when the dispute should be confirmed in writing.
General information only: this guide is about NSW workers compensation weekly payments in broad terms. It is not a substitute for legal advice. Your payment rate, evidence options and dispute pathway depend on the dates, certificates, earnings records and insurer decision in your own claim. Get tailored legal advice before relying on any particular step.
Section 36 rapid check checklist
- Incapacity start date and statutory period confirmed in writing
- PIAWE inputs verified against payslips, overtime and allowances
- Second-job income included where applicable
- Treating evidence specifies real functional and hours limits
- Escalation dates diarised before next payment cycle
If your first payments look wrong, request a free claim check to pressure-test the section 36 calculation before losses stack up.