Alternative earnings evidence
What if my employer will not provide wage records for PAWE?
Do not let an unresponsive employer become the only source of proof
Tell the insurer promptly, keep proof of each request to the employer and provide the best independent evidence available. Payslips, bank deposits, tax and superannuation records, rosters, employment contracts and accounting material may help reconstruct gross earnings. The insurer must still apply the statutory PAWE definition; alternative documents should be organised so they answer the same period, employer and payment questions as the missing records.
An employer earnings statement can be convenient, but it is not the only possible evidence of employment income. The first task is to identify what is actually missing: total gross earnings, start date, ordinary hours, allowances, leave, overtime, a pay rise, another job or a period with no work.
Do not estimate a weekly figure from memory and present it as final. Build a transparent schedule from source records, mark gaps and explain any assumption. This lets the insurer test the calculation and reduces the risk that silence from one employer is treated as zero earnings.
Reviewed by Herman Chan, Stephen Young Lawyers
Which alternative records may help?
Regular payslips are usually the clearest starting point because they show gross earnings and pay periods. If they are incomplete, bank statements can confirm deposits but may show only net amounts and may not identify leave, allowances or deductions. Tax income statements and returns can help reconcile totals but may cover a financial year rather than the exact statutory period.
Rosters, timesheets, employment contracts, award or enterprise-agreement rates, superannuation records and payroll emails may fill specific gaps. Each record has limits. The schedule should state what the document proves and what it does not prove rather than treating every deposit as gross employment income.
How should you document the employer problem?
Make a concise written request identifying the accident date, required earnings period and records sought. Keep delivery evidence and any reply. If the business has closed, identify the former payroll provider, accountant, liquidator or records available through your own tax and banking accounts.
Give the request history to the insurer and ask what alternative evidence it will accept. If the insurer says it cannot determine the amount, ask whether an interim payment is required and what exact information remains outstanding. A broad statement that the employer has not replied is less useful than a dated record of attempts and substitute documents.
What if the insurer uses an incomplete figure?
Ask for the final PAWE decision and calculation. Check the earnings period, jobs included, gross versus net treatment, unpaid gaps, allowances and any statutory category used. Compare the decision with your indexed evidence schedule.
A PAWE dispute is about the statutory earnings figure. It should not be mixed with a separate medical work-capacity decision or a disagreement about post-accident earnings. Identify each decision and challenge the one that contains the actual error.
Practical next steps
Build a substitute wage-evidence pack
Make the absence of employer records visible, then replace assumptions with traceable source material.
Define the required period
Use the accident date and statutory PAWE category to identify the period for which records are needed.
Request records in writing
Ask the employer or payroll contact for gross earnings, pay periods, hours, allowances, leave and employment dates.
Collect independent records
Gather your payslips, bank deposits, tax income statement, superannuation entries, rosters, contract and correspondence.
Prepare a reconciliation
List each pay period, source document, gross amount if known and any unresolved gap or net-to-gross limitation.
Request a reasoned decision
Ask the insurer to identify the evidence accepted, any exclusion and the statutory basis of the calculation.
Evidence
Alternative wage-record checklist
Use overlapping records to confirm the same earnings rather than simply accumulating documents.
- Written requests to the employer and proof of delivery.
- Payslips for the relevant pre-accident period.
- Bank statements identifying payroll deposits.
- ATO income statement, PAYG summary or tax return.
- Superannuation contribution history where it helps confirm employment timing.
- Rosters, timesheets, contract and agreed pay rate.
- Records of overtime, allowances, commissions or salary changes.
- A reconciliation schedule identifying every gap and assumption.
Evidence traps to avoid
- A bank deposit may be net pay and should not automatically be treated as gross earnings.
- An annual tax total may not match the precise pre-accident statutory period.
- Do not omit a second employer simply because its records are harder to obtain.
- Do not create reconstructed payslips or alter source documents.
- A missing document does not justify guessing; mark the gap and explain the best available evidence.
Timing
Do not let records delay the claim
Claim lodgement and proof of the final amount can proceed in stages.
- The statutory benefits claim should generally be lodged within three months and within 28 days to protect the earliest weekly-payment backdating position.
- Supply available wage evidence promptly and explain what has been requested but not received.
- Keep the date of any PAWE decision; a request for missing employer records does not itself extend review time.
- If an employer or business has disappeared, preserve bank and tax records before access becomes more difficult.
Frequently asked questions
- Can the insurer calculate PAWE from bank statements?
- Bank records can help, but deposits may be net and may not identify the components of gross earnings. They are strongest when reconciled with payslips, tax records, rosters or the agreed pay rate.
- What if I was paid partly in cash?
- Provide lawful contemporaneous records such as payslips, tax reporting, invoices, timesheets and bank activity. Undocumented assertions may be difficult to verify, and tax or employment issues may require separate advice.
- Can the insurer make interim weekly payments?
- The Act and Guidelines provide an interim-payment mechanism in the first entitlement period where further information is required to determine the correct amount. Ask the insurer to explain whether it applies.
- Should I contact my former employer repeatedly?
- Make proportionate written requests and preserve them. Repeated argumentative contact is less useful than a clear request, escalation to the correct payroll contact and alternative evidence.
- What if the employer gives the wrong figure?
- Compare it with source documents and identify the exact mismatch. Ask for correction and give the insurer both versions with the reconciliation.
- Does missing wage evidence affect work capacity?
- PAWE amount and medical work capacity are separate issues. The same claim may involve both, but each requires its own decision and evidence.
Related NSW CTP guides
Official sources
- Motor Accident Injuries Act 2017 (NSW), current in-force version
- Motor Accident Injuries Regulation 2017 (NSW), current in-force version
- SIRA Motor Accident Guidelines, current published version
- SIRA Motor Accident Guidelines Part 4: claims
- SIRA guide for people injured in motor accidents in NSW
The legislation and official guidance linked above are the source basis for this page. PAWE and weekly-payment outcomes depend on the statutory category, complete earnings evidence, accident-related loss and the decision applying to the individual claim.
Missing earnings evidence
Is the insurer delaying or reducing PAWE because employer records are missing?
Send the request history, available pay records and insurer calculation. We can identify the evidence gap and whether an interim-payment or review issue needs attention.
General information only: This page provides general NSW CTP information, not legal, financial, employment or tax advice. It does not calculate an individual entitlement, promise payment or extend a claim or review deadline.