Congratulations on securing employment!
In this scenario if there is a financial difference between what you were earning as a NSW Police Officer and your new job then you will be paid through EML the difference in your earnings, capped at the current statutory rate.
If you have an income protection claim, you are only eligible to receive an income protection payment if your current earnings plus Section 40 top up from EML is less than your Income Protection Salary Rate.
For more information on workers compensation entitlements visit the SIRA website.
The following information relates to sworn NSW Police Officers only as they are considered exempt workers in the Workers Compensation Act 1987 No 70 – NSW Legislation. If you are an administrative employee of NSWPF, please see the SIRA claims management guide or consult your case manager regarding your benefits.
Find more information about career transition for NSW Police Officers on our website, including managing other aspects of your finances.
Section 40
Section 40 of the Workers’ Compensation Act provides an entitlement to weekly benefits where there is a difference between what you would have been earning as a worker had you not sustained the injury (your probable earnings) and the amount you are earning or can earn in suitable employment following injury.
Case study – lower wages in new role
Background
Tim has successfully secured new employment that is suitable to his capacity for work.
The role is entry-level with great prospects for promotion. However, Tim now does not earn as much as he would be had he remained employed with NSW Police Force (NSWPF).
Tim needs to determine his entitlements through workers compensation. He sends his case manager pay slips from his new role so his entitlement can be calculated.
What payments are received?
Tim’s statutory rate, given he has one dependent, is $608.60 as at October 2019.
NSWPF probables | Earnings from | Entitlement |
$2,154 | $1,642 | $512 |
(*) Entitlement capped at relevant statutory rate. No entitlement applies if earnings from new employment exceed probable earnings.
Tim’s entitlement is the difference between his probable earnings and his current earnings: $512.
Tim is entitled to a payment of $512 on top of his current earnings. This brings his income up to where it would have been had he not sustained the injury and had he continued in the same or similar employment.
Tim is entitled to receive this benefit up to retirement age plus one more year.
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