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PIAWE Explained: How NSW Weekly Compensation Is Really Calculated

  • Picture of Geraldine Balderson Geraldine Balderson
  • September 26, 2026

Reflects the Workers Compensation Act 1987 (NSW) as amended by the Workers Compensation Legislation Amendment Act 2025, including the changes that commenced on 1 July 2026, and the benefit amounts indexed for 1 April 2026 to 31 March 2027.

The short version. PIAWE, or pre-injury average weekly earnings, is the weekly average of your gross earnings over the 52 weeks before your work injury, and it sets the size of every weekly compensation payment you receive in NSW. It includes overtime, shift allowances, commissions and the value of benefits you lose, but not employer superannuation or truly discretionary bonuses. You are paid 95 per cent of PIAWE for the first 13 weeks and generally 80 or 95 per cent after that, capped at $2,662.10 a week until 31 March 2027. Since 1 July 2026 a PIAWE decision is no longer a work capacity decision: you and your employer can agree the figure early, the insurer must approve or refuse within seven days, and underpayments found on recalculation must be topped up within 14 days. Insurers rely on payroll data employers supply, and the most common errors, missed overtime, second jobs and stale 52-week periods, all push the number down, so check the calculation and dispute it if it is wrong.

What does PIAWE actually mean?

PIAWE stands for pre-injury average weekly earnings. In plain language, it is the weekly average of what you actually earned, gross, across every job you held, in the 52 weeks before you were injured. Every weekly compensation payment you receive is a percentage of this one number, so an error in PIAWE is not a one-off loss. It repeats every week, for as long as payments run.

The legal definition sits in section 44C of the Workers Compensation Act 1987 (NSW): for a worker injured on or after 21 October 2019, PIAWE is the weekly average of the gross earnings received by the worker for work in any employment in which the worker was engaged at the time of the injury. The SIRA glossary confirms that two regimes exist, and which one applies to you depends only on your date of injury.

Which rules apply to you:

Date of injuryPIAWE rules that apply
On or after 21 October 2019The simplified rules in this guide: one gross-earnings average, overtime and shift allowances counted throughout, set out in ss 44C to 44I and the SIRA PIAWE reference guide
Before 21 October 2019The older, more complex definition, including transitional overtime rules that differ by injury date. This guide flags but does not cover them; get advice specific to your injury date

One trap before you read on. Several of the pages that rank in Australian search results for PIAWE, including the WorkSafe Victoria page, describe the Victorian scheme. Victoria uses the same acronym with different inclusions, different caps and different periods. If you were injured working in NSW, only the NSW rules below apply. This guide also does not cover exempt workers (police officers, paramedics and firefighters), coal miners, or motor accident claims under the Motor Accident Injuries Act 2017, which has its own weekly payment formula.

How your weekly payment is built

Step 1
Add up gross earnings from every job over the relevant earning period (up to 52 weeks before the injury)
→
Step 2
Divide by the number of weeks in that period. The result is your PIAWE (minimum $155)
→
Step 3
Apply the entitlement rate: 95% in weeks 0 to 13, then 80% or 95% depending on work status
→
Step 4
Cap at $2,662.10 a week, subtract any current earnings, and that is your gross weekly payment, taxed like wages
Path A: agreement
You and your employer agree the PIAWE figure and apply to the insurer within 5 days of the injury being notified; the insurer approves or refuses within 7 days
Path B: insurer decision
No agreement, so the insurer determines PIAWE from payroll evidence, using an interim figure if information is missing, then recalculating
Path C: dispute
You disagree with the figure: request an internal review, get free help from the IRO, then lodge a dispute with the Personal Injury Commission

Source: Workers Compensation Act 1987 (NSW) ss 44C to 44I and the SIRA PIAWE reference guide and benefits guide; figures current 1 April 2026 to 31 March 2027, agreement timeframes as at 1 July 2026.

What counts in your PIAWE, and what does not

Since the 21 October 2019 changes, the inclusion rules are broader and simpler than most older guides suggest. The SIRA PIAWE reference guide puts it bluntly: gross earnings means what you were actually paid for work, and that includes the loadings and extras that make up a large share of many workers’ real income.

Counted in PIAWENot counted
Wages and salary, including paid leave taken during the period and leave loadings. Overtime. Shift allowances and other allowances. Commissions and piece rates. The cash value of non-monetary benefits you lose because of the injury, such as a work vehicle you can no longer access or employer-provided accommodation.Employer superannuation contributions. Payments of workers compensation or other earnings-loss payments received during the period. The value of non-monetary benefits you still receive after the injury. Truly discretionary bonuses, meaning payments the employer had no obligation to make.

Two of these rows do the most damage when they are missed. First, overtime and shift allowances count in full, for the whole calculation, for any injury on or after 21 October 2019. A nurse or warehouse worker whose base rate is $1,700 but whose real gross averages $2,040 is entitled to have PIAWE set at $2,040, not $1,700. Second, lost non-monetary benefits must be valued and added. If your role came with a fully maintained vehicle and the injury takes it away, its cash value belongs in the number.

The bonus exclusion is narrower than insurers sometimes apply it. A bonus that is contractual, or paid under a scheme with defined triggers, is not discretionary just because the employer calls it a bonus. Only payments the employer was free not to make at all fall outside gross earnings on SIRA’s description.

If you hold more than one job, earnings and periods are worked out separately for each employer you were engaged with at the time of injury and then combined into a single PIAWE. Apprentices, trainees and workers under 21 get a further protection: their PIAWE is re-set at each age or training stage to what they would have been earning had they not been injured.

The 52-week period, and when it changes

The default relevant earning period is the 52 weeks ending on the date of injury. But the period is not fixed, and the adjustments exist mostly to protect you. The SIRA reference guide sets out four in order.

1. You started the job less than 52 weeks ago

The period starts on your first day of that employment. Six months in the job means a six-month average, not a 52-week average dragged down by 26 weeks of zeros.

2. Your earnings changed in a lasting, material way

A promotion, a move from part-time to full-time (or the reverse), or a new role with a different rate re-starts the period from the date of the change. This is the adjustment most often missed. If you moved to a higher-paid role three months before the injury, your PIAWE should reflect three months at the new rate, not a blended average that undercuts it.

3. Alignment to your pay cycle

The insurer may align the period to your actual pay cycle, but under the guide only where doing so does not reduce your PIAWE.

4. Unpaid leave comes out

Any stretch of seven or more consecutive days without earnings that begins with unpaid leave is excluded from the period, so unpaid parental leave or an unpaid career break does not dilute the average.

Employed less than four weeks?

A different rule applies: PIAWE is set by what you could reasonably have expected to earn in that job over the 52 weeks after the injury. A casual labourer injured in week two of a role paying $1,500 a week is assessed on the $1,500, not on two payslips.

Finally, PIAWE is not frozen. It is indexed on 1 April each year once you have been entitled to weekly payments, and from 1 April 2027 the scheme moves to a single annual indexation process under the SIRA reform FAQs.

From PIAWE to your bank account: the percentages, the cap and the floor

PIAWE is the base. What lands in your account is a percentage of it, set by sections 36 to 38 of the 1987 Act and summarised in the SIRA benefits guide, and two hard limits apply in every period. The cap: the maximum weekly compensation amount is $2,662.10 for 1 April 2026 to 31 March 2027, indexed each April. The floor: PIAWE itself cannot be set below $155 a week under the SIRA reference guide.

Weeks 0 to 13 (first entitlement period)

No current work capacity: 95 per cent of PIAWE, capped. Working reduced hours: 95 per cent of PIAWE minus your current earnings.

Weeks 14 to 130 (second entitlement period)

Not working, or working under 15 hours a week: 80 per cent of PIAWE (minus any current earnings). Back at work 15 or more hours a week: 95 per cent of PIAWE minus current earnings. The drop from 95 to 80 per cent at week 14 is automatic and is the first shock most workers hit; it is lawful, but the base it is applied to must still be right.

After 130 weeks

Payments continue only if the insurer assesses you as having no current work capacity indefinitely, or you are working at least 15 hours a week and earning at least $251 a week (the threshold indexed from 1 July 2026). For primary psychological injuries, claims made from 1 July 2026 also need whole person impairment of at least 25 per cent to continue past 130 weeks. Payments generally stop at 260 weeks under section 39 unless your assessed WPI is more than 20 per cent, and workers assessed at 21 to 24 per cent WPI can access an additional 52-week intensive return-to-work period paid at 60 per cent of PIAWE from 1 July 2026 per the SIRA weekly payments page.

Three worked examples

Maria, a registered nurse on rotating shifts. Over the 52 weeks before her back injury Maria’s gross pay averaged $2,040 a week: $1,700 base plus $340 in shift allowances and overtime. Her PIAWE is $2,040. Weeks 0 to 13 off work: 95 per cent, $1,938 a week. From week 14, still off work: 80 per cent, $1,632. From week 30 she returns 16 hours a week earning $700: 95 per cent of $2,040 is $1,938, minus $700, so $1,238 in compensation on top of her wages. If her employer had reported only the $1,700 base, she would lose $272 a week in the second period alone.

Sam, a labourer two weeks into a new job. Sam was hired on a roster worth about $1,500 a week gross and injured in week two. Under the short-term worker rule his PIAWE is set at roughly $1,500, what he could have expected to earn over the following 52 weeks, not the average of two payslips.

Priya, a project manager on $3,100 a week. Priya’s PIAWE is $3,100, but 95 per cent of that ($2,945) exceeds the cap, so weeks 0 to 13 pay $2,662.10. From week 14, 80 per cent is $2,480, under the cap, so the cap stops biting. High earners lose proportionally more in the first period than the headline 95 per cent suggests.

How we got these numbers: percentages from ss 36 to 38 as described in the SIRA benefits guide (accessed 06/09/2026); cap of $2,662.10 for 1 April 2026 to 31 March 2027 from the same guide; $155 floor and short-term worker rule from the SIRA PIAWE reference guide. The people are hypothetical; the arithmetic is exact.

One more thing about the money: weekly payments are taxed. The ATO lists payments from a workers compensation scheme as salary and wages you must declare, so PAYG comes out before the money reaches you. If you later receive Centrelink payments, compensation can also trigger a preclusion period under Services Australia’s compensation rules. Weekly payments are different from permanent impairment lump sums, which are tax-free capital amounts; that distinction is covered in our lump sum guide linked at the end.

The weekly payment timeline in NSW

Weeks 0 to 13

95% of PIAWE if not working, or 95% minus current earnings. Capped at $2,662.10.

Weeks 14 to 130

80% of PIAWE if not working or working under 15 hours a week; 95% minus earnings if working 15 or more hours. The week 14 step-down is automatic.

Weeks 130 to 260

Continues only with no current work capacity indefinitely, or work of 15+ hours earning at least $251 a week. Psychological injury claims made from 1 July 2026 also need 25%+ WPI.

Beyond 260 weeks

Only if assessed WPI is more than 20%. Workers at 21 to 24% WPI can access an extra 52 weeks at 60% of PIAWE under the intensive return-to-work program.

Source: Workers Compensation Act 1987 (NSW) ss 36 to 39; SIRA benefits guide and weekly payments guidance, accessed 06/09/2026. Durations are entitlement weeks, not calendar weeks off work.

What changed on 1 July 2026

The Workers Compensation Legislation Amendment Act 2025 rewired how PIAWE decisions are made and challenged, with the key provisions commencing on 1 July 2026 according to the Personal Injury Commission. Three changes matter for your weekly payments.

PIAWE decisions are no longer work capacity decisions. Before the change, a PIAWE determination was bundled into the work capacity decision framework, with its notice periods and review quirks. Now a PIAWE decision is its own decision type with its own notice requirements, and disputes about it can go to the Personal Injury Commission. Any guide that still tells you to challenge PIAWE through the work capacity review process is out of date.

A formal agreement pathway. You and your employer can agree the PIAWE figure at the start of the claim. Per the SIRA reference guide, the application for approval must reach the insurer within five days of the injury being notified, and the insurer has seven days to approve or refuse it, checking that the amount reasonably reflects your PIAWE and is fair and reasonable. Either side can withdraw from an agreement in writing, after which the insurer makes a binding decision. Generally only one agreement is permitted per claim, so do not agree to a number you have not checked against your own payslips.

Recalculation must be paid quickly. Where the insurer starts on an interim PIAWE because payroll information is incomplete, and the final calculation comes out higher, the shortfall must be paid to you within 14 days.

The same amendment act made larger changes around psychological injury claims, permanent impairment assessment and the 130-week thresholds, and SIRA has flagged that further elements commence through 2027 and 2029. Anything you read about NSW workers compensation, including this guide, should tell you the date it reflects.

PIAWE decisions: before and after 1 July 2026

Before 1 July 2026

PIAWE determinations treated as work capacity decisions, sharing their notice and review framework. Agreement pathway existed but with less defined approval mechanics. No statutory deadline pushing underpayment top-ups after recalculation.

From 1 July 2026

PIAWE decision is its own decision type with separate notice periods. Agreement applied for within 5 days of notification; insurer approves or refuses within 7 days against a fair and reasonable test. Recalculation shortfalls paid within 14 days. Disputes run through internal review and the Personal Injury Commission, with free help from the Independent Review Office.

Source: Personal Injury Commission news, 1 July 2026 commencement; SIRA reform FAQs and PIAWE reference guide, accessed 06/09/2026.

When the number is wrong: checking and challenging your PIAWE

The insurer calculates PIAWE from information your employer supplies, usually through a PIAWE calculation form. Employers fill these in quickly, payroll systems separate base pay from loadings, and second jobs are invisible to them. You are the only person in the process who knows what you actually earned everywhere. So check the number.

Ask the insurer, in writing, for the PIAWE calculation and the earnings information behind it. Compare it against your own evidence: 52 weeks of payslips from every employer, your tax return or income statement, your award or contract, and anything documenting a promotion or change of hours. If the figure is short, put the discrepancy to the insurer and request a review of the decision.

If the insurer will not move, you do not need to hire anyone to escalate. The Independent Review Office takes complaints about insurer decisions and can fund independent legal advice for workers through ILARS at no cost to you. From there, a PIAWE dispute can be lodged with the Personal Injury Commission, which since 1 July 2026 deals with PIAWE decisions directly rather than through the work capacity decision framework.

The scale of the money justifies the effort. Safe Work Australia’s statistics report recorded a median of seven working weeks lost per serious claim, with 130,195 serious claims nationally in 2020-21 per the latest published edition, and long-tail claims run for years. On Maria’s numbers above, a $340 a week gap in PIAWE compounds to more than $17,000 across 52 weeks of second-period payments. And the ABS work-related injuries survey (2021-22, released February 2023) found that only 31 per cent of people with a work-related injury or illness received workers compensation at all, which is a reminder that the workers who do claim are often carrying the serious, long-duration injuries where every weekly dollar matters.

Six mistakes that shrink weekly payments

  1. Treating the interim PIAWE as final. When payroll information is incomplete, the insurer sets an interim figure from whatever it has. If you never supply your own payslips, interim quietly becomes permanent. Send the evidence, ask for the recalculation, and remember the 14-day rule for paying any shortfall.
  2. Letting overtime and shift allowances disappear. For injuries on or after 21 October 2019 these count in full, for the whole calculation. Payroll summaries that report only base salary are the single most common cause of an understated PIAWE.
  3. Forgetting the second job. PIAWE combines earnings from every employment you were engaged in at the date of injury. Your employer cannot report a job it does not know about, so the second job only enters the calculation if you put it there.
  4. Not valuing lost non-monetary benefits. A work vehicle, accommodation or other benefit you lose because of the injury has a cash value that belongs in gross earnings. If it vanished from your life, it should appear in your PIAWE.
  5. Accepting a stale 52-week average after a pay change. A promotion, a rate rise or a move to full-time re-starts the relevant earning period from the change. A blended average across the old and new rates undercuts you every single week.
  6. Signing a PIAWE agreement without checking the number. The post-July 2026 agreement pathway is fast, five days to apply and seven for the insurer to decide, and generally you only get one agreement per claim. Fast is good only when the figure is right. Check it against 52 weeks of payslips first.

Where the existing guides disagree, and who is right

We compared the guides that rank for PIAWE searches against the primary sources on 6 September 2026. Four points of conflict stand out.

What the guides sayWhat the primary sources say
Garling and Co’s PIAWE guide (updated June 2026) centres rules under which overtime and shift allowances drop out after 52 weeks of payments, and describes payments as essentially 80 per cent of PIAWE.Those transitional rules belong to injuries before 21 October 2019. For any injury since, the SIRA PIAWE reference guide includes shift, overtime and other allowances in gross earnings for the whole calculation, and the first 13 weeks pay 95 per cent, not 80. SIRA wins on tier and currency.
Stephen Young Lawyers (stated current as at June 2026) says a PIAWE decision forms part of a work capacity decision and points readers to that review pathway.True until 30 June 2026. From 1 July 2026 the Personal Injury Commission confirms PIAWE decisions are no longer work capacity decisions and carry their own notice and dispute path. The PIC wins on recency and tier.
Victorian pages such as WorkSafe Victoria’s PIAWE page rank in Australian results and describe 95 per cent of PIAWE capped at twice Victorian average weekly earnings.Right scheme, wrong state for a NSW worker. The NSW cap is a fixed indexed dollar amount, $2,662.10 to 31 March 2027 per the SIRA benefits guide, and the NSW inclusion rules differ. Jurisdiction decides, not tier.
Several firm guides, including Taylor and Scott’s payments guide, summarise the post-130-week rules as a flat 80 per cent with a 15-hour condition and leave out the earnings threshold.The work test after 130 weeks also requires earnings of at least $251 a week (indexed from 1 July 2026) per the SIRA benefits guide, and psychological injury claims made from 1 July 2026 face WPI thresholds as well. The omitted conditions are exactly the ones that stop payments.

PIAWE: frequently asked questions

What does PIAWE mean in workers compensation?

PIAWE is pre-injury average weekly earnings: the weekly average of your gross earnings, across all your jobs, over the 52 weeks before your work injury. Every NSW weekly compensation payment is a percentage of it.

Is overtime included in PIAWE in NSW?

Yes. For injuries on or after 21 October 2019, overtime, shift allowances and other allowances count in your gross earnings for the entire calculation. Claims of a 52-week limit on overtime relate to older injuries only.

How much of my PIAWE will I actually be paid?

95 per cent for the first 13 weeks, then generally 80 per cent (or 95 per cent less your earnings if you are back working 15 or more hours a week), always capped at the maximum weekly amount, $2,662.10 until 31 March 2027. Current earnings are deducted in every period.

Are weekly workers compensation payments taxed?

Yes. The ATO treats payments from a workers compensation scheme as salary and wages, so they are assessable income and taxed under PAYG. Permanent impairment lump sums are treated differently.

Can I challenge the PIAWE the insurer has used?

Yes. Ask for the calculation and the earnings data behind it, supply your payslips, and request a review. If that fails, the Independent Review Office can help at no cost, and a dispute can be lodged with the Personal Injury Commission. Since 1 July 2026 PIAWE decisions have their own dispute path.

What if I had only just started my job when I was injured?

If you were employed less than four weeks, PIAWE is based on what you could reasonably have expected to earn in that job over the following 52 weeks, not on your handful of payslips.

Primary sources

All sources accessed 6 September 2026.

Workers Compensation Act 1987 (NSW), in particular ss 36 to 39 (weekly payments) and ss 44C to 44I (PIAWE) · Workplace Injury Management and Workers Compensation Act 1998 (NSW) · SIRA PIAWE reference guide · SIRA workers compensation benefits guide · SIRA weekly payments guidance · SIRA workers compensation reform FAQs · SIRA claims guide: PIAWE glossary · SIRA PIAWE calculation form · Personal Injury Commission: changes commencing 1 July 2026 · icare: calculating PIAWE · Independent Review Office · ATO: employment income you must declare · Services Australia: compensation and your payment · ABS work-related injuries survey 2021-22 · Safe Work Australia workers compensation statistics · Motor Accident Injuries Act 2017 (NSW)

This article is general information about the NSW workers compensation scheme, not legal advice. Entitlements turn on your date of injury, your earnings history and your assessments, and the scheme is part way through a multi-year reform program. Get advice about your own claim before acting on anything here.

PIAWE decides the size of your weekly payments, but it is only half of the money picture. The other half is the one-off payments the scheme can owe you for permanent impairment, and the order of steps there changed sharply in July 2026. Our companion guide to lump sum payments in NSW walks through those entitlements the same way this one walks through the weekly ones.

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