COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS

BENEFITS

BENEFITS

COMMONWEALTH*

VICTORIA

NEW SOUTH

SOUTH 

WALES

AUSTRALIA

Death benefits

For both Comcare and

Pre 12/11/97:

$275,350

$193,462.50 in 2002

Seacare:

$134,430.00

Plus: $86.60 dependent

NB: Lump sum

$190,595.65

Plus: additional lump

child (per week)

available for spouse.

Plus: $63.52 per week

sum payments for

Also available for

for each dependent child

dependent children

dependent children (up

to 50% of maximum)

For Comcare only:

Post 12/11/97:

Additional compensation

$196,700

Minus: any amount

payable under the

Plus: Pre injury

granted for non 

Defence Act 1903 to top

earnings related

economic loss

up the SRC Act 1988

pensions to dependent

Plus: weekly benefit for

death benefits to

partner and children

dependants:

$229,024.45 and an

  spouse (50% of 

additional $57,256.12 for

Payable to partner for 3

WAWE)

each dependent child

years, and children until

  children (orphans, up 

age of 16 (or 21, if in

to 25% of WAWE; 

full time study)

non orphans up to 

12.5%)

Dependent relatives

may be entitled to

compensation by way 

of a lump sum or

weekly payments as

determined by

WorkCover Corporation

Common law rights

Most common law rights

Common law rights

The threshold of

Common law rights

abolished

were

permanent impairment

against employer

Comcare:

available for injuries

on a whole of person

abolished for injuries

from December 1988

that occurred before

basis for making a

occurring on or after

12/11/97 or after

common law claim is

3 December 1992

Seacare:

19/10/1999, in

15%. Refer to the

from June 1993

accordance with

WorkCover Guides for

thresholds (see page

the Evaluation of

34)

Permanent Impairment

Between these dates

only

available for the death

of the worker under the

Wrongs Act

Maximum

No ceiling to third party

Pecuniary Loss:

Common law damages

N/A

actions or those made by

$870,400

for an injured worker

dependants

Pain and Suffering:

are only awarded in

$372,700 Pre 12/11/97

respect of lost wages

$358,610 Post 19/10/99

and future loss of

earnings

Wrongs Act: $574,206

* Unless otherwise stated,

information provided

applies to both Comcare

and Seacare

Heads of Workers' Compensation Authorities  30