COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS
BENEFITS
BENEFITS
COMMONWEALTH*
VICTORIA
NEW SOUTH
SOUTH 
WALES
AUSTRALIA
Death benefits
For both Comcare and
Pre 12/11/97:
$275,350
$193,462.50 in 2002
Seacare:
$134,430.00
Plus: $86.60 dependent
NB: Lump sum
$190,595.65
Plus: additional lump
child (per week)
available for spouse.
Plus: $63.52 per week
sum payments for
Also available for
for each dependent child
dependent children
dependent children (up
to 50% of maximum)
For Comcare only:
Post 12/11/97:
Additional compensation
$196,700
Minus: any amount
payable under the
Plus: Pre injury
granted for non 
Defence Act 1903 to top
earnings related
economic loss
up the SRC Act 1988
pensions to dependent
Plus: weekly benefit for
death benefits to
partner and children
dependants:
$229,024.45 and an
  spouse (50% of 
additional $57,256.12 for
Payable to partner for 3
WAWE)
each dependent child
years, and children until
  children (orphans, up 
age of 16 (or 21, if in
to 25% of WAWE; 
full time study)
non orphans up to 
12.5%)
Dependent relatives
may be entitled to
compensation by way 
of a lump sum or
weekly payments as
determined by
WorkCover Corporation
Common law rights
Most common law rights
Common law rights
The threshold of
Common law rights
abolished
were
permanent impairment
against employer
Comcare:
available for injuries
on a whole of person
abolished for injuries
from December 1988
that occurred before
basis for making a
occurring on or after
12/11/97 or after
common law claim is
3 December 1992
Seacare:
19/10/1999, in
15%. Refer to the
from June 1993
accordance with
WorkCover Guides for
thresholds (see page
the Evaluation of
34)
Permanent Impairment
Between these dates
only
available for the death
of the worker under the
Wrongs Act
Maximum
No ceiling to third party
Pecuniary Loss:
Common law damages
N/A
actions or those made by
$870,400
for an injured worker
dependants
Pain and Suffering:
are only awarded in
$372,700 Pre 12/11/97
respect of lost wages
$358,610 Post 19/10/99
and future loss of
earnings
Wrongs Act: $574,206
* Unless otherwise stated,
information provided
applies to both Comcare
and Seacare
Heads of Workers' Compensation Authorities  30
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