Partial capacity and post-accident earnings
Can weekly payments continue after I return to work part-time?
A part-time return does not automatically end weekly benefits
Weekly payments may continue where the current statutory formula shows accident-related partial loss after accounting for PAWE and the greater of relevant post-accident earnings or earning capacity. The result depends on the entitlement period, Certificate of Fitness, actual hours and wages, assessed capacity and any statutory limits. Report every change and ask for the written recalculation; do not assume the top-up equals the simple gap between old and current take-home pay.
A graduated return can involve reduced days, shorter shifts, modified duties or variable tolerance. Medical capacity and actual earnings can change at different times. The weekly-payment schedule should show which week each change takes effect and why.
Returning to work is not an admission that the injury has resolved. Equally, a certificate authorising limited hours does not guarantee that the insurer accepts the same earning-capacity figure. The evidence should connect clinical restrictions, role demands and what occurred during the work trial.
Reviewed by Herman Chan, Stephen Young Lawyers
How is a partial-loss payment approached?
The Act sets different percentages and calculations across entitlement periods. During the second period, for example, the rate differs for total and partial loss and the formula refers to PAWE and the greater of post-accident earning capacity or post-accident earnings. Later periods have additional eligibility and capacity rules.
This means a claimant should not calculate the top-up solely by subtracting current net wages from pre-accident net wages. Check gross figures, the statutory period, PAWE, actual earnings, assessed capacity, maximums, minimums and the date of any revised decision.
What should the Certificate of Fitness and roster show?
The certificate should address current hours, duties and restrictions. The roster and payslips show what was actually worked and earned. If the employer pays ordinary hours despite reduced attendance, or if overtime or allowances change, the records need explanation.
Keep a short work-tolerance diary for failed shifts, increased symptoms, unplanned breaks or duties outside restrictions. It should be factual and proportionate. Treating notes are stronger when they record the work trial and explain any revised capacity rather than merely repeating a static restriction.
What if the insurer says I can work more hours?
Ask for the work-capacity decision, medical or vocational evidence, proposed role, hours and rate. Compare those assumptions with the real job, treating evidence and work trial. An IME opinion may be relevant but should not be treated as self-executing without a reasoned insurer decision.
A dispute about assessed capacity is different from a PAWE dispute. The same weekly amount may be wrong for either reason, so the review should identify whether the pre-accident figure, post-accident capacity, actual earnings or statutory percentage is challenged.
Practical next steps
Manage a part-time return and weekly top-up
Keep medical capacity, scheduled work, actual work and paid earnings aligned week by week.
Agree a medically supported plan
Record hours, duties, restrictions, review date and the process if symptoms increase.
Keep actual rosters and payslips
Do not rely on the proposed plan if the hours worked or paid were different.
Update the insurer promptly
Report each material change in hours, rate, duties or other earnings.
Check the recalculation
Verify PAWE, entitlement period, percentage, actual earnings, capacity and effective date.
Respond to an adverse capacity decision
Use treating, workplace and vocational evidence targeted to the role and hours the insurer says are available.
Evidence
Part-time return-to-work checklist
The calculation is strongest when proposed and actual capacity can be compared directly.
- Current and earlier Certificates of Fitness.
- Graduated return-to-work plan and duty list.
- Actual rosters, timesheets and payslips.
- Records of failed shifts, absences or unsustainable duties.
- Treating notes addressing response to the work trial.
- Employer correspondence about available duties and hours.
- Insurer PAWE, capacity and recalculation decisions.
- Vocational or IME material relied on by the insurer.
Part-time work mistakes
- Do not assume every reduction in wages is caused by the accident injury.
- Do not use net wages in a calculation built from gross statutory figures.
- Do not hide extra shifts, overtime or another job; all post-accident earnings must be disclosed.
- A return-to-work plan is not proof of what was actually worked or sustainable.
- Do not combine a PAWE objection and a medical-capacity objection without identifying each error.
Timing
Recalculation and review timing
A new roster or capacity decision can change future payments quickly.
- Give the insurer current earnings records at the frequency requested and report material changes promptly.
- Keep the date a revised weekly-payment or capacity decision is received and read its review information.
- Do not wait for a work trial to fail completely before updating the treating practitioner and insurer.
- A later medical appointment does not automatically extend the review period for an earlier written decision.
Frequently asked questions
- Will the insurer pay the full difference between my old and part-time wages?
- Not necessarily. The statutory formula, percentage, PAWE, actual earnings or capacity and limits determine the weekly amount.
- What if my hours change every week?
- Provide actual rosters and payslips and ask for a transparent week-by-week schedule. Do not rely on one average if it hides material variation.
- Can I try extra hours without losing the claim?
- A medically supported trial does not automatically end the claim, but all earnings and capacity changes must be disclosed. Document whether the hours were sustainable.
- What if the employer has no suitable duties?
- Keep the employer response and medical restrictions. The insurer may still assess other earning capacity, which should identify realistic work, hours and evidence.
- Can weekly payments stop because I returned once?
- A single return is not the complete test. The insurer must make the applicable statutory decision using current evidence, but an adverse decision must be addressed promptly.
- Is part-time capacity the same as threshold injury?
- No. Work capacity concerns earnings and weekly benefits. Threshold injury is a separate injury-classification issue.
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: Certificates of Fitness for motor crash injuries
- SIRA: CTP vocational support and recovery at work
The legislation and official guidance linked above are the public-source basis for this page. Weekly-payment, Centrelink and tax outcomes depend on the character of the payment, current evidence and the individual decision.
Part-time payment review
Has your weekly top-up changed after returning part-time?
Send the certificates, rosters, payslips and insurer calculation. We can identify whether PAWE, actual earnings, capacity or the statutory rate is in dispute.
General information only: This page provides general NSW CTP information, not legal, financial, employment, Centrelink or tax advice. It does not calculate an individual entitlement, guarantee a payment or extend a review deadline.