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Emaan(Newbie)Newbie
21 Mar 2022

My husband injured during work in August 2004 and since then he has No Work Capacity and received weekly compensation. He has been told that the superannuation will only be paid on his behalf if the injury happened after 2010. Is it true? if so, this is so unfair.

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871 views
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EthanATO(Community Support)Community Support
21 Mar 2022

Hi @Emaan,


Unfortunately, this is correct. In 2010 Victoria’s workers compensation legislation was changed. This change included an entitlement for injured workers to be paid superannuation contributions. However, for an individual to be eligible for the contributions certain criteria need to be met:

  • they need to have been injured on or after 5 April 2010,
  • have received weekly payments for an aggregate period of 52 weeks,
  • need to be receiving weekly payments,
  • be under the retirement age, and
  • not receiving super from their employer under a public sector super scheme, law or industrial award.

The WorkSafe website has more information available regarding these changes. They have a page on receiving super contributions, and worksafe super payments, that may explain this a bit further.

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Most helpful reply

EthanATO(Community Support)Community Support
21 Mar 2022

Hi @Emaan,


Unfortunately, this is correct. In 2010 Victoria’s workers compensation legislation was changed. This change included an entitlement for injured workers to be paid superannuation contributions. However, for an individual to be eligible for the contributions certain criteria need to be met:

  • they need to have been injured on or after 5 April 2010,
  • have received weekly payments for an aggregate period of 52 weeks,
  • need to be receiving weekly payments,
  • be under the retirement age, and
  • not receiving super from their employer under a public sector super scheme, law or industrial award.

The WorkSafe website has more information available regarding these changes. They have a page on receiving super contributions, and worksafe super payments, that may explain this a bit further.

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Is it correct that WorkSafe won't pay super if the compensation payment started before 201 | ATO Community