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About the Weekly Benefits Review
We have identified a difference in how certain workers’ compensation payments have been calculated by CMI and the intention of the relevant legislation. The relevant legislation is complex and open to interpretation and was subsequently clarified by a legal decision.
To ensure all workers have received the correct entitlements, we are reviewing all partial incapacity (suitable duties) claims from April 2015 and will include claims received up to the commencement of the remediation program, which is likely to be by the end of September 2026.
The focus of this review is fairness, accuracy, consistency, and restoring trust. We are committed to being transparent throughout the process.
As a result of this work, and to ensure alignment with the clarified legislative interpretation moving forward, CMI will update how weekly benefits (and therefore accident pay) are calculated for partially incapacitated workers.
If a worker was working full-time or part-time with an incapacity during their claim, between April 2015 and when the remediation program commences (likely to be by the end of September 2026), their weekly benefits will be reviewed as part of this program to determine if they have been underpaid, overpaid, or are not impacted at all.
This review does not include workers who were totally incapacitated or partially incapacitated where suitable duties were not available (i.e. workers were not physically at work).
We are not yet able to provide a definitive end date for the review given the complexity of the program.
The review will involve a detailed assessment of each individual claim and in some cases, we will need to gather additional information. For older claims, this may include retrieving and assessing archived records, contacting former employers, or reconstructing information where records are incomplete. These additional steps can extend the time required to finalise the review.
We recognise that this uncertainty around timing is not ideal. We sincerely appreciate your patience and understanding as we work to ensure all workers’ entitlements are reviewed thoroughly and accurately.
More information regarding the timing of the new calculation will be communicated shortly, however at this stage we anticipate this change will be implemented early in the first quarter of the 2026-27 financial year.
Worker benefits and entitlements
If a worker was underpaid, they receive the correct amount owed to them.
If a worker has been overpaid, they will not be asked to repay any money.
The review does not affect other benefits or entitlements (such as medical costs) received as part of workers compensation. The review relates only to weekly benefits and accident pay.
If the worker is currently receiving workers compensation benefits, there will be no immediate impact to their weekly benefit payments. Their entitlements will continue based on their current capacity and circumstances.
If the worker is still on weekly benefits payments as the review nears completion, transitioning their active claim to align with the new calculation will be assessed on a case-by-case basis.
A worker’s remediation payment(s) may be subject to PAYG withholding (tax).
Please note that we are unable to provide tax advice.
Please refer to a registered tax agent for any information regarding tax advice and/or implications of the payment or visit the Australian Tax Office website. We encourage workers to retain a copy of the communications we send with their tax records.
For workers currently on claim, there will be no immediate impact to their current weekly benefit payments. Entitlements will continue based on their current capacity and circumstances.
If a worker is still in receipt of weekly benefits payments as the review nears completion, transitioning their claim to align with the new calculation will be reviewed on a case-by-case basis.
Information required to support the review
CMI will contact workers if further information is needed. We will endeavour to minimise the need for a worker’s input to complete their review.
Employers will be asked to provide detailed wage and attendance records for a specified period for each in-scope worker. This will include both current and former workers who have had a claim during the review period.
We recognise this may result in additional and unplanned work for your team, and we sincerely appreciate the effort this will require. Thank you in advance for your support and collaboration as we work through this remediation program. We are committed to providing clear guidance and assistance to make this process as straightforward as possible.
We understand that collecting some of the requested data may be challenging, particularly for historical claims. Please be assured that we recognise these difficulties and will have processes in place to address circumstances where information may be unavailable despite reasonable efforts to obtain it.
All workers who receive correspondence will remain eligible for a review of their entitlements. We are committed to supporting our policyholders through this process.
If the review identifies that a worker is entitled to a payment, we may also need additional information from them to make the payment and meet our legal and tax obligations.
We will contact them directly to explain the outcome, what information is required and how they can provide it securely.
Protecting personal information
To help protect workers from scams, we will never ask them to:
• provide their passwords, PINs or online banking login details;
• make a payment to receive compensation or an adjustment;
• transfer money to another account; or
• provide personal or financial information without explaining why it is required and how it can be provided securely.
Should workers receive a communication that they are unsure about, they should not provide any personal or financial information or use the contact details contained in that communication.
More information
CMI will contact identified workers from mid-July.
Once the review is complete, we will contact the worker in writing to confirm the outcome and advise next steps.
We are committed to keeping employers informed by providing regular communications as the remediation program progresses, including information about next steps.
Employers can contact the Employer Services team on 02 8270 3257 between 8.00am and 5.00pm (Sydney or Melbourne time) Monday to Friday, or email [email protected].
Alternatively, you can contact your dedicated Account Manager.
Workers can contact us at [email protected] or
call 02 4948 3174 between 7am and 7pm (Sydney/Melbourne time). The contact centre is open Monday to Friday.
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