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Sensitive Claims Weekly Compensation. How does W/C work when under S/C

#1 User is offline   hayz 

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Posted 31 January 2019 - 09:15 PM

Hi there! Is anyone aware if the weekly compensation minimum (80% of what would be 40 hours on minimum wage - tax.) applies to sensitive claims as well?
I was working about 42-43 hours for 6 months, but had to cut it down to 36 hours because I couldn't handle it. 6 months after I cut my hours I had to leave employment entirely. (All due to PTSD symptoms.) A couple of days ago when talking to a woman in the claims section via phone, I asked her how the weekly compensation was calculated, she said what most already know, that there is a minimum they pay, but the general rule is 80% of your income over a year and initially 80% of the last four weeks of earnings. But she said that she is not sure how it works when going through sensitive claims and whether the minimum rate applies. She seemed to think it worked differently for us.

Does anyone here have any experience with this?
I would like to know whether I should be talking to them about loss of potential earnings due to the fact that I had to cut down on my work 6 months previous due to PTSD, or whether the minimum payout applies regardless whether I am going through sensitive claims or not?

I would liked to be prepared if it comes to the stage of working that part out with them.

Any help you guys can give me would be fantastic.
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#2 User is offline   Alan Thomas 

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Posted 31 January 2019 - 10:06 PM

If as a resultOf your injury (PTSD) you are unable to work then the ACC are required by the act to pay earnings compensation at the rate of 80% of what you are learning at the time of your injuries. If your incapacity is for a short-term then it is calculated based on the previous four weeks prior to the actual injury but if your incapacity is long-term then ACC is required to calculate your earnings compensation based on the previous 12 months . Forget about any of this malarkey whereby ACC seek to confuse and negotiate their obligations under the law. The ignorance is not an excuse and it is not an excuse for the ACC to arrange someone who does not know the information to be answering your questions.
Write a letter to the ACC asking them to pay your earnings compensation based on the 12 months prior to your being injured.

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#3 User is offline   hayz 

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Posted 03 February 2019 - 06:14 AM

Thank you for your reply. I appreciate it. I am sure they can give me the answer but due to severe anxiety, waiting for someone who knows what they are doing is not an easy task. I was hoping someone on here had been through a similar experience regarding sensitive claims.

Basically what I want to know is if the minimum payout (80% of the basic minimum wage) apply in sensitive claims as well.
Due to my symptoms, I had to cut my hours down to only just full time) halfway through the last 12 months of earnings, therefore if it's based on 80% of my years earnings rather than the minimum payout, I would be getting less than what they state is the minimum payout.
I hope that makes sense.

If the minimum weekly payout they claim to have doesn't apply to sensitive claims, I will have to try and talk to them and explain why I lowered my hours halfway through the year. But if the minimum applies, I won't need to worry about it.
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#4 User is offline   hayz 

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Posted 03 February 2019 - 06:21 AM

I will post on here once I know what is happening in my case for anyone else who may be going through the same thing.
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#5 User is offline   Alan Thomas 

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Posted 03 February 2019 - 09:37 AM

 hayz, on 03 February 2019 - 06:14 AM, said:

Thank you for your reply. I appreciate it. I am sure they can give me the answer but due to severe anxiety, waiting for someone who knows what they are doing is not an easy task. I was hoping someone on here had been through a similar experience regarding sensitive claims.

Basically what I want to know is if the minimum payout (80% of the basic minimum wage) apply in sensitive claims as well.
Due to my symptoms, I had to cut my hours down to only just full time) halfway through the last 12 months of earnings, therefore if it's based on 80% of my years earnings rather than the minimum payout, I would be getting less than what they state is the minimum payout.
I hope that makes sense.

If the minimum weekly payout they claim to have doesn't apply to sensitive claims, I will have to try and talk to them and explain why I lowered my hours halfway through the year. But if the minimum applies, I won't need to worry about it.


This seems to me that you are under the impression that earnings compensation is something that can be negotiated. This is wrong thinking. In his compensation is subject to criteria and the calculation, nothing more and nothing less.
If you have been injured whether that be by way of a single traumatic event Or an ongoing process of causal elements to the extent that you are no longer able to work then ACC don't get some kind of discount and neither can they negotiate an amount nor you challenge by way of some form of persuasion but rather you are automatically entitled to not a minimum or maximum but the only allowable payment which is 80% of your former earnings based on the last 12 months of your capacity to earn prior to the date you were injured. ACC may very well think they can manipulate the date by claiming such things as the injury date ring the date that you reported the injury rather than the actual injury date or the date that you had become overwhelmed and reduced your hours.


I am a sufferer of PTSD as result of repeated attacks and have continued to be plagued with problems now for almost 2 decades. You have my sympathies.

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#6 User is offline   Lupine 

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Posted 03 February 2019 - 05:35 PM

 hayz, on 31 January 2019 - 09:15 PM, said:

Hi there! Is anyone aware if the weekly compensation minimum (80% of what would be 40 hours on minimum wage - tax.) applies to sensitive claims as well?
I was working about 42-43 hours for 6 months, but had to cut it down to 36 hours because I couldn't handle it. 6 months after I cut my hours I had to leave employment entirely. (All due to PTSD symptoms.) A couple of days ago when talking to a woman in the claims section via phone, I asked her how the weekly compensation was calculated, she said what most already know, that there is a minimum they pay, but the general rule is 80% of your income over a year and initially 80% of the last four weeks of earnings. But she said that she is not sure how it works when going through sensitive claims and whether the minimum rate applies. She seemed to think it worked differently for us.

Does anyone here have any experience with this?
I would like to know whether I should be talking to them about loss of potential earnings due to the fact that I had to cut down on my work 6 months previous due to PTSD, or whether the minimum payout applies regardless whether I am going through sensitive claims or not?

I would liked to be prepared if it comes to the stage of working that part out with them.

Any help you guys can give me would be fantastic.


There is no difference for Sensitive Claimants. The type of earner you are is determined as Salary and Wage earner or Self Employed earner and the formulas in the applicable Clause under Schedule 1 applies. ACC constantly screws up the Self Employed entitlements as an aside but being a Sensitive Claimant makes no difference.
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#7 User is offline   MINI 

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Posted 04 February 2019 - 08:42 AM

 Lupine, on 03 February 2019 - 05:35 PM, said:

There is no difference for Sensitive Claimants. The type of earner you are is determined as Salary and Wage earner or Self Employed earner and the formulas in the applicable Clause under Schedule 1 applies. ACC constantly screws up the Self Employed entitlements as an aside but being a Sensitive Claimant makes no difference.


Lupine

Thank you for answering the claimant.

Mini
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