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:

  • 80% of his pre-injury salary (CWWR); or
  • his Statutory Rate.

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.