WorkCover – Am I entitled to receive superannuation contributions whilst I am on weekly payments?
You are entitled to have superannuation contributions paid by Worksafe in Victoria if the following applies to your situation:
- you were injured on or after 5 April 2010;
- weekly payments have been paid to you or are payable to you for an aggregate period of 52 weeks;
- you have not reached retirement age;
- you continue to be entitled to weekly payments;
- your employer is not paying superannuation contributions under a public sector superannuation scheme, law or industry award.
Despite the above, superannuation contributions are not payable if you are in receipt of weekly payments only because of an incapacity arising from surgery following a termination of your weekly payments after 130 weeks.
The WorkCover Agent must advise you of your entitlement to receive superannuation contributions within 28 days of being aware of your entitlement. Upon receipt of a Notice from the WorkCover Agent, you must complete the Choice of Superannuation Fund form with the following information within 3 months of receipt of the notice:
- the name of your nominated superannuation fund; your membership number;
- your superannuation account details;
- confirmation that you have provided your Tax File Number to your nominated fund; and the unique superannuation identified (USI), if applicable (not all funds will have a USI).
If you provide the required information within the 3 month period after receipt of a notice, you will be eligible to receive superannuation contributions from the date you first became entitled. Unfortunately, if you do not provide the required information within that 3 month period, you will only be eligible to receive superannuation contributions from the date you provide the required information to the WorkCover Agent.
Once you have nominated a superannuation fund, you may change that nomination only once every 12 months.
Whilst in receipt of superannuation contributions, the WorkCover Agent will provide you with a quarterly report showing the contributions made to your fund during each quarter.
If you require further information or advice in relation to your entitlement to superannuation contributions, please telephone Harris Lieberman Solicitors on (02) 6051 5100 and speak to our Personal Injury Department.