Does an employer need to pay superannuation on workers compensation payments? | ATO Community

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(Newbie)Newbie

1 Aug 2023

I was injured at work in May 2022 and was eligible to receive workers compensation. I returned to the workplace around mid August, whilst still completely some work from home.

However it looks like me Employer has only paid super on the hours I clocked on for not the full Pre Work Injury amount of 57 hours per fortnight. My understanding is once you have returned to work then super needs to be paid on the workers compensation component of your income? Please advise

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(Community Support)Community Support

2 Aug 2023

Hi @traceymarsich,

When a person returns to work and still receives workers' compensation payments at that time.

You are only paid super on the OTE the ordinary hours of work. So actual work you perform or is required to attend work.

Refer to SGR 2009/2 paragraph 39. and list of payments that are ordinary time earnings.

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(Community Support)Community Support

2 Aug 2023

Hi @traceymarsich,

When a person returns to work and still receives workers' compensation payments at that time.

You are only paid super on the OTE the ordinary hours of work. So actual work you perform or is required to attend work.

Refer to SGR 2009/2 paragraph 39. and list of payments that are ordinary time earnings.

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Does an employer need to pay superannuation on workers compensation payments? | ATO Community