The following information relates to sworn Police Officers only as they are considered exempt workers in the Workers Compensation Act 1987 No 70. If you are an administrative employee of NSW Police, please see the SIRA claims management guide or consult your Case Manager regarding your benefits.
Workers compensation exists to help you recover from work-related injury by supporting access to and payment of required medical treatments and supporting your income if your capacity to work is negatively impacted by your injury.
Benefits and entitlements change as your situation changes and may be provided by different organisations over the duration of your claim.
Attend a virtual seminar to find out more about your financial benefits.
The following information outlines the benefits paid under different scenarios and how to ensure you receive your entitlements as seamlessly as possible.
Workers compensation entitlements while employed by NSWPF
While you are employed by NSWPF, you are paid by NSWPF as normal and if you have an accepted workers compensation claim, benefits you receive are reimbursed to NSWPF by EML.
Workers compensation entitlements after medical retirement from NSWPF
Following confirmation of your medical retirement date and cessation of your employment by NSWPF your weekly benefits will be paid to you fortnightly by EML.
Completing and returning the below forms to your case manager will assist in making this change easier.
Please complete and return these forms to your Case Manager:
The amount that you will be paid following medical retirement will depend on the value and length of payments made to you prior to discharge.
The information in "Your entitlements" provides general advice on the entitlements that may be available to you depending on your capacity for work.
To obtain an accurate indication of your individual entitlements, please speak to your Case Manager.
Your entitlements (with an accepted claim)
The following information provides general advice on the entitlements that may be available to you depending on your capacity for work.
After your last day of service with NSWPF you will receive your weekly benefit in fortnightly payments directly from EML into your nominated bank account.
Ask your case manager for a more accurate indication of your entitlements.
Current Weekly Wage Rate (CWWR)
Your CWWR is your pre-injury salary. Additional payments you may have received for overtime, shift work, special expenses and penalty rates are not included in your CWWR. The rate is provided by the NSWPF.
The Statutory Rate
The statutory rate and maximum payable amount are set by the State Regulatory Insurance Authority (SIRA). Your individual benefit is determined by the information you provide in the Statutory Declaration form.
There are different rates depending on whether you have a spouse and any dependents in your household. Please note that children aged between 16 and 21 are only considered dependent if they are enrolled in fulltime study. Children over the age of 21 are not considered dependents.
The statutory rate is indexed in April and October each year. The latest rates are published on the SIRA website. Speak to your Case Manager to determine the statutory rate that applies to you.
Receiving payments from EML
After your last day of service with NSWPF you will receive your weekly benefit in fortnightly payments directly from EML into your nominated bank account. The timing of these payments is aligned to your usual NSWPF payments to ensure a smooth transition.
Your case manager will request you complete and return three forms. The forms help determine your correct rate of pay. It is important that you return these forms promptly to avoid delay in your payments being made.
- Statutory Declaration Form
- Electronic Funds Transfer Request Form – Claims Payments
- Tax File Number Declaration Form
Important to note when completing the tax declaration form
If you have an income protection claim you will need to complete this form once for EML and once for TAL.
At Question 8 "Do you want to claim the tax-free threshold from this payer?" if you select 'Yes' on the EML declaration and 'Yes' on the TAL declaration you will likely generate a tax debt.
We recommend you contact your accountant for advice when completing the tax declaration form and advise them if you are receiving both workers compensation and income protection payments.
Keeping your payments accurate
When you have successfully obtained employment please make sure you provide your case manager with your new payslips. Your payment entitlements may change with new employment. Your case manager will calculate your current entitlements to make sure you continue to receive the correct payment.
Receiving Income Protection Payments
Police Officers can submit a separate claim for income protection to TAL who will assess the claim against TAL's policy.
An income protection claim is a separate claim and is managed by TAL. The decision to accept an income protection claim is made by TAL and is not connected with EML's eligibility processes.
No capacity for work
You have had your last day of service with the NSWPF and you remain certified as having no capacity for work. So, let's talk about the different scenarios that might be applicable to you as you transition out of the NSWPF.
The maximum weekly compensation amount is set by SIRA and indexed twice each year in April and October.
Scenario 1 - Up to 26 weeks with no capacity for work and you DON'T have an income protection claim
During the first 26 weeks of incapacity, the weekly benefit paid will be:
- Current Weekly Wage Rate (CWWR); or
- The maximum weekly compensation amount, whichever is the lesser
During the first 26 weeks of incapacity, Police Officers are entitled to weekly benefits equal to 100% of their pre-injury salary (excluding overtime, shift work, payments for special expenses and penalty rates). This is known as the Current Weekly Wage Rate (CWWR).
The first 26 weeks do not need to be consecutive. Any period where you have no capacity for work counts towards the first 26 weeks of incapacity.
For example, a Police Officer had no work capacity for 12 weeks. The Officer then returned to work on a Recover @ Work Plan for 8 weeks before being downgraded to no capacity for work. In this scenario, the Police Officer is still eligible for a further 14 weeks of payments at the CWWR (full pay) before entitlements of the first 26 weeks of incapacity are exhausted.
Scenario 2 - Up to 26 weeks with no capacity for work and you DO have an income protection claim
You will be paid by EML as per Scenario 1 until you either:
- Exceed a total of 9 months of total incapacity; or
- Change your capacity to work
When either of these circumstances arise, you will only receive an income protection payment if your entitlements under workers compensation are less than 75% of your normal salary (CWWR).
Scenario 3 - More than 26 weeks with no capacity for work and you DON'T have an income protection claim
After the first 26 weeks of incapacity, the weekly benefit paid will be:
- a fixed rate known as the 'statutory rate'; or
- 90% Current Weekly Wage Rate (CWWR), whichever is the lesser.
For former Police Officers, this is usually the statutory rate.
Scenario 4 - More than 26 weeks with no capacity for work and you DO have an income protection claim
You will be paid as per Scenario 3 PLUS your income protection entitlement.
In addition to statutory rate payments paid to you by EML, you are entitled to top-up payments based on your current capacity for work and the time elapsed since your date of injury.
Top-up payments are paid to you either by NSWPF or TAL insurance.
The first 9 months following date of injury
Under the provisions of an income protection claim you are entitled to receive from NSW Police a top-up to 100% of your normal salary for the duration of the income protection waiting period (nine months) from the date of disablement (first time you had no capacity for a consecutive period of 7 days).
As you approach nine months after the date of your injury, you will receive an income protection information package from NSWPF. It is important that you complete the claim forms in the package and send them back to the return address as soon as possible to enable your claim to be assessed quickly.
For assistance completing the income protection forms, please contact the NSWPF Income Protection Unit on 02 8835 8400.
Income protection payments are made monthly in arrears. When you reach the nine-month milestone you will experience four weeks of reduced pay until your first income protection payment is made.
It is important to prepare your finances for an initial period of reduced pay.
More than nine months from date of injury
Under the provisions of an income protection claim, nine months after your date of injury you are entitled to receive approximately 75% of your pre-injury ordinary earnings (CWWR) for a maximum period of seven years, or until you reach 60 years of age.
Income protection payments are managed and paid to you by TAL insurance and are in addition to your statutory rate entitlements.
Income protection payments are made monthly, four weeks in arrears and are typically the difference between the amount paid by EML and your Income Protection Salary Rate.
Your Income Protection Salary Rate is: your salary, less loading and allowances, plus 17%, except for commissioned officers.
For more information, contact your TAL case manager or TAL existing customer enquiries on 1300 209 088.
View: Fact Sheet 1, Fact Sheet 2
Case study 1 – No capacity since date of injury
| Background | What payments are received? |
|---|---|
Jane sustains an injury at work and her doctor certifies her as having no capacity for work. Jane receives various forms of treatment and has preliminary discussions about returning to work. However, five months later she is still not fit for work at NSWPF. In consideration of Jane's long-term health outcomes, her doctor recommends she is medically retired from NSWPF and encourages Jane to consider alternate work options when she is fit for work. After Jane's last day of service with NSWPF she continues to have no capacity for work. | Jane is paid her normal salary by NSWPF for the period she is still employed. Up to a period of 26 weeks NSWPF recoup this at the CWWR from EML. For the period from week 27 to nine months, Jane continues to be paid her normal salary by NSWPF however they only recoup the statutory rate from EML. After Jane's last day of service with NSWPF, having satisfied the requirements for income protection, she receives the applicable statutory rate paid fortnightly from EML, plus a monthly payment (paid in arrears) from TAL topping up Jane's payments to her Income Protection Salary Rate. These payments continue until Jane either:
|
Case study 2 – Attempted return to work
| Background | What payments are received? |
|---|---|
Craig sustains an injury at work and his doctor certifies him as having no capacity for work for four weeks. Following treatment, he feels much better and is keen to get back to work. Craig's IMA helps put together a Recover at Work Plan and after four weeks off work he returns on restricted duties. After some ups and downs and 12 weeks on restricted duties, Craig consults his doctors and downgrades to having no capacity for work. Despite further treatment, Craig is unable to return to work and is recommended for medical retirement. Craig's last day of service with NSWPF is nine months after initially going off work. | Craig is paid his normal salary by NSWPF for the period he is still employed. For the first four weeks of incapacity, NSWPF recoup this at the CWWR from EML. For the period that Craig is on a Recover at Work Plan he continues to be paid his normal salary but NSWPF only recoup the s40 top up value from EML (see capacity scenarios below for more info). At the time that Craig is certified as having no capacity to work, he still has 22 weeks (26 weeks less the initial four weeks) of normal salary benefits remaining. As such, Craig continues to receive his normal salary from NSWPF who then recoup this from EML. After Craig's last day of service with NSWPF, having satisfied the requirements for income protection, he receives the applicable statutory rate paid fortnightly from EML, plus a monthly payment (paid in arrears) from TAL topping up Craig's payments to his Income Protection Salary Rate. These payments continue until Jane either:
|
Capacity for work outside of NSWPF
You have been certified by your treatment providers as having no capacity for work with the NSWPF however they have also certified you as having some capacity for work outside of the NSWPF. Let's talk about the different scenarios that might be applicable to you as you transition out of the NSWPF.
Section 38
You are entitled to 80% of your salary (Section 38) for up to 52 weeks while you are job-seeking or retraining with an approved SIRA/EML training provider. You do not need to be medically retired from NSWPF to start receiving this benefit.
Section 38 entitlements are available for a maximum of 52 weeks and you must be actively job-seeking or retraining during this time. You will be encouraged to take advantage of all available services supporting your recovery and job-seeking within the first 52 weeks, before your rate reduces to the Statutory Rate.
Section 38 and income protection entitlements
If your Section 38 entitlements are greater than your income protection entitlements, you would most likely not receive the income protection “top-up”.
You are still entitled to claim income protection following this 52-week period, unless of course, your new employment pays you more than your entitlement under income protection.
To be entitled to Section 38 payments, you must demonstrate that you are:
- ready, willing and able to accept an offer of suitable employment from an employer; and
- medically certified as having only partial incapacity for work, and partial capacity for suitable employment; and
- taking reasonable steps to obtain suitable employment.
Your return to health and return to work following injury is important for your long-term wellbeing. In either of the following scenarios your case manager will refer you to a vocational rehabilitation specialist who helps you to identify suitable career goals, retrain and secure employment when you are fit to do so.
Scenario 1 - You have ONLY exhausted 13 weeks of your award rate under S36
Your entitlement under Section 38, would be as follows:
Section 38: 52 weeks
- First 13 weeks paid at your award rate
- Next 39 weeks paid at 80% of your award rate
Scenario 2 - You have exhausted your entitlement to your award rate under S36 (26 weeks)
Your entitlement under Section 38, would be as follows:
Section 38: 52 weeks
- Full 52 weeks paid at 80% of your Award Rate.
Case study 3 – Attempted return to work
| Background | What payments are received? |
|---|---|
Joe has a daughter and son aged 25 and 27 years, and he does not live with a spouse. For 16 weeks, he has had no capacity for work and is focussed on his recovery and considering his next career. He has received Recognition of Prior Learning (RPLs) from his Rehabilitation Provider and identified a career pathway that requires him to complete a short course in order for him to be a candidate for roles in that field. Joe's treating doctor is supportive of the career pathway and upgrades Joe as having capacity for that job. Joe can now seek approval for retraining and commence the short course. He is also eligible for Section 38 payments. | After week 16 when Joe meets the eligibility criteria for Section 38, he is paid the higher amount of either:
From information provided by Joe in his statutory declaration form, it is considered that Joe has no dependents. Remember, children are considered dependent between the ages of 16 and 21 so long as they are a full-time student, and from the age of 21 years they are considered no longer dependent. For Joe, the Section 38 entitlements are higher than his Statutory rate. He is now paid 80% of his CWWR for a maximum of 36 weeks. |
After the 52-week eligibility period for Section 38 entitlements
Where you have been receiving Section 38 benefits and more than 52 weeks have elapsed, your benefits will revert to your statutory rate. This change applies whether you have obtained employment or not.
At this time, an Earning Capacity Assessment may be performed to determine your earning capacity and your weekly payment entitlements. You will either continue to be paid the statutory rate, or a reduced amount determined by the Earning Capacity Assessment and in line with section 40A of the 1987 Act.
If your weekly entitlements are to be reduced or discontinued, the insurer must provide adequate notice.
For workers who have been receiving weekly payments of compensation for a continuous period of one year (52 weeks) or more, the prescribed period of notice is six weeks.
If you have an income protection claim you may be entitled to claim income protection after the 52-week eligibility period for Section 38 entitlements. You would not be eligible to claim income protection entitlements if your new employment pays you more than your income protection entitlement.
Secure your financial future
Prepare your finances for life after medical retirement, including budgeting and superannuation.
The Australian Securities and Investments Commission's MoneySmart service helps people make the most of their money. The site offers a range of useful tools and resources including:
- MoneySmart Cars app to find out how much a car will really cost you
- Budget planner
- Mortgage calculator
- Financial advice toolkit to find and prepare to meet with a financial adviser
There are numerous free and paid apps available to help manage your finances, understand where your money is going and manage savings goals. You can search for these and download from both the App store or Google Play.
For Police Officers who are still employed by NSWPF or had your last day of service less than 12 months ago, you can benefit from Converge Employee Assistance Program.
Their Money Assist service can help you work through your financial wellbeing concerns. Phone 1300 667 197 or visit their website for more information.
Superannuation is not payable while an employee is on workers compensation. If you wish to continue contributions to your fund this will have to be arranged independently between you and your superannuation provider.