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Published: 03 September 2019
Author: Leondina Raneri

If injured, are you eligible for superannuation contributions under the WorkCover and Transport Accident Acts?

If you are receiving weekly payments because of a work-related injury or illness you may be eligible to receive superannuation contributions on those weekly payments.

To qualify for superannuation contributions an injured person must meet the following criteria:

  • Have been injured on or after 5 April 2010
  • Have received weekly payments for an aggregate period of 52 weeks
  • Be receiving weekly payments 
  • Be under retirement age
  • Not be receiving superannuation from your employer under a public sector superannuation scheme, law or industrial award, for example, makeup pay. 

What superannuation contributions are payable?

If you are eligible, your WorkCover agent will make superannuation contributions at the superannuation guarantee rate based on your gross weekly payments. These contributions are paid in addition to your weekly payments and will be paid to the complying superannuation fund of your choice.

If you have returned to work

If you are eligible, superannuation contributions are payable by your agent even if you return to work as long as you continue to receive weekly payments and are under retirement age.

What if my employer is paying superannuation?

Your agent will ask your employer if they have an obligation to pay you superannuation under a public sector superannuation scheme, law or industrial award after 52 weeks. If so, then you will not be entitled to superannuation contributions on your weekly payments until your employer ceases to pay.

What information is required?

You need to fill in the choice of superannuation fund form nominating your complying superannuation fund. You will be provided with a choice of superannuation form by your agent. It is important that you complete and return the form to your agent as soon as possible. If you do not provide the required information to your agent within three months of becoming entitled to superannuation contributions you will only be paid contributions from when the information is provided.

Unlike the WorkCover legislation, the Transport Accident Commission will not include the employer’s compulsory superannuation contribution when calculating a client’s loss of earnings rate or contribute to a person’s superannuation fund in place of the employer. This is also in respect of Loss of Earning Capacity (LOEC) benefits which kick in at the 18th-month mark assuming one is still unable to work due to the transport accident injuries. Given this situation insofar as the transport accident legislation is concerned, you may consider (if possible) to make contributions personally into your superannuation fund so that it remains active and in order to ensure you continue to be entitled to any insured benefits.

If you have any queries about income benefits in relation to WorkCover or Transport Accident legislation and superannuation, call us on 1300 366 441 for advice.

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