Entitlement

Injured workers with accepted WorkCover claims are entitled to have superannuation contributions made into the injured worker's nominated complying superannuation fund if the following applies:

• The date of injury is on or after 5 April 2010.
• Weekly payments of compensation have been paid for an aggregate total period of 52 weeks.
• The injured worker is still receiving and will continue to receive Weekly payments of compensation after the 52nd week.
• Accident make-up payments have ceased.

Calculation of entitlement

The payment will be a percentage, currently 9.5% of the injured worker's gross weekly compensation payments. The percentage is determined by the Commonwealth governments, Superannuation Guarantee (Administration) Act 1992.

Who makes the payment

It is the agent of the Victorian WorkCover Authority (WorkSafe) that will make payments into the injured worker's complying superannuation fund. However, if an injured worker has returned to work, and is still in receipt of weekly payments of compensation, and is receiving current earnings for work performed, the agent will only make payments based upon the weekly payments of compensation. The employer will be required to make a payment based upon the current earnings payable to the worker.

Agent to notify worker

The agent has responsibility to notify a worker of their entitlement to payment of superannuation. The agent must also advise the injured worker of the information required by the agent so as payment can be made.

Information required before agent can make payment

Injured workers will need to provide to the agent, the name of their superannuation fund and their superannuation fund membership number, their fund account details, including the superannuation product identification number, and the worker's tax file number. An injured worker can request that the agent provides a copy of the "Choice of Superannuation Fund Form". An injured worker has three months from the date the agent notified the worker to provide the required details to receive contributions from the date they became eligible to receive contributions.

For further information, please contact CPSU Victoria WorkCover Officer via contact page.