Normal weekly earnings

Normal weekly earnings (NWE) are the weekly earnings of a worker from continuous or intermittent employment the worker had during the 12 months prior to the injury. If the injured worker has not been employed for 12 months, then the earnings for the period they have been employed should be used.

NWE are not necessarily the same as average weekly earnings. Average weekly earnings are the average of all amounts paid to the injured worker. NWE takes into account only regular payments made to the injured worker, which would have continued if not for the injury, including:

• salary or wages
• overtime
• higher duties
• penalties
• allowances (except those listed below).

NWE do not include:

• allowances payable in relation to traveling, car, relocation, meal, education, living in the country or away from home, entertainment, clothing, tools and vehicle expenses
• employer contributions to a scheme for superannuation benefits (other than contributions made from money payable to the worker)
• lump-sum payments on termination of a worker’s services for superannuation, accrued holidays, long service leave or any other purposes
• an amount payable to a worker as an employer excess payment for an injury.

Example

A worker is injured on 29/04/04. Their weekly earnings before the injury are:

Normal weekly earnings = $500.00

In this example, the payments for overtime are included in the calculation of normal weekly earnings as the overtime was regularly paid to the worker immediately before the injury.