Historically, the 9% superannuation payment made by employers on top of a worker's ordinary wage - a payment which since 1993 has been compulsory in Australia - was not payable workers in receipt of WorkCover weekly payments. This represented another financial hit that injured workers had to endure, on top of receiving only a percentage of their Pre-Injury Average Weekly Earnings (PIAWE). Since 2010, there have been some positive developments in this area - but only if a number of boxes are ticked. A 9% superannuation payment is payable on top of weekly payments only if:

• the worker was injured on or after 5 April 2010;
• the worker has already received weekly payments for 52 weeks; and
• upon receiving written notification from the WorkCover insurer regarding entitlement and requesting information, the workers provides that information to the insurer within three months.

The worker must provide the following information to the insurer in order for superannuation payments to commence:

• the name of their nominated superannuation fund;
• their membership number;
• the account details of the fund;
• confirmation that they have provided their nominated fund with their tax file number (TFN); and
• the superannuation product identification number (SPIN) if applicable.

Workers must be alive to the need to provide this information within three months of receiving the insurer's request. Beyond three months, the worker will be unable to claim the superannuation that would otherwise have been payable up to the date that they provide the information to the insurer. If you have a work injury and want to check that you are receiving all benefits payable to you, call the experts at Redlich's Work Injury Lawyers on (03) 9321 9988.