Is super paid while on workers compensation?

If you have been injured at work it is important to talk to a lawyer about your superannuation entitlements.

A common question that arises during workers compensation claims are if superannuation payments are still required to be made by their employer.

In general, Superannuation is not payable on workers compensation because workers compensation is designed to replace lost wages and cover treatment expenses. Superannuation is not intended to cover these costs.However, there are exceptions to this rule. Superannuation may be payable if the employee is covered by a modern award or enterprise agreement that specifies that Superannuation is still to be paid while on workers compensation – but only if you are still employed and have not been terminated on medical grounds. Most Awards provide that superannuation must be paid when you are off work on a work-related illness. You can find out if your award pays superannuation while on workers compensation on the Fair work website.

Some modern awards and enterprise agreements specify that superannuation is still to be paid while on workers compensation. You must look at the modern award that applies to you and see if superannuation is payable. For example, the Building and Construction Industry Award 2020, Cleaning Industry Award, Hospital and Manufacturing require employers to pay Superannuation to employees receiving workers compensation payments. 

Here are the steps on how to find out if you are entitled to receive superannuation whilst on workers compensation:

1. Check your award agreement: The first step is to check your modern award or enterprise agreement to see if it specifies that superannuation is still to be paid while on workers compensation. You can find your award or agreement on the Fair Work Commission website.
2. Contact your employer: If you are unsure whether your award or agreement requires super to be paid while on workers compensation, you should contact your employer. Your employer can provide you with a copy of your award or agreement or tell you whether superannuation is payable in your circumstances.
3. Contact the workers compensation insurer: If you are still unsure whether you are entitled to superannuation payments while on workers compensation, you should contact the insurer.
4. Speak to a lawyer to see if they can assist you.

Other superannuation related insurances that may assist you are the Total and Permanent Disablement TPD insurance and/or income protection. TPD insurance pays a lump sum if you become totally and permanently disabled because of illness or injury. 

Each insurer has a different definition of what it means to be totally and permanently disabled. It can cover you for either:

• your own occupation — you're unable to work again in the job you were working in before your disability.
• any occupation — you're unable to ever work again in any job suited to your education, training or experience.

Speak to a lawyer about whether you hold insurances for total and permanent disablement insurance (lump sum) and/or income protection payments. If you have income protection an amount may be payable on top of your weekly wage loss payments for workers compensation.

Have you got an injury or illness that occurred at work or was significantly contributed to, or aggravated by, your work? If you have the slightest concern, Kells provides a free case assessment of your possible compensation claim with no obligation to proceed. Our specialised and caring personal injury lawyers can meet you at home, at one of our six offices or even in hospital.

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