This Section outlines the general provisions of the Workers' Compensation legislation and the agreed Occupational Rehabilitation plan for Macquarie University. The University is required by law to provide insurance cover to all employees and to establish a rehabilitation program. Types of incapacity and payments available 27.08.04 Incapacity means physical inability for work resulting in loss of earning capacity owing to a work related injury or disease. An employee is totally incapacitated if after the injury, the person is unable to perform any work at all.
Additional payment is available for dependent spouse and children.
The payment in 27.08.05 is applicable to the employee's job, without counting overtime, shift or penalty rates and will not exceed the employee's pre-injury earnings. An employee is partially incapacitated if they can only do some of the work requirements of their previous position or is able to continue with all the duties at a slower rate, and earning less money. After 26 week, the maximum make-up pay is set at the statutory amount plus additional amount for dependent spouse and children. The costs of modification of an injured employees workplace, home or vehicle, necessary because of the incapacity, may also be claimed if deemed necessary by medical advice. Where the employee dies as a result of the work related injury or disease, a person who is totally or partially dependent upon the employee may claim benefits.