Based on what you've told us, it looks like you're covered by the Fast Food Industry Award [MA000003].
Under the Fast Food Award, employees are entitled to accident pay for up to 26 weeks.
Amount of accident pay
If an employee is on workers compensation, their employer has to pay them the difference between:
- the amount they get paid from workers compensation, and
- the amount they would have got under the Fast Food Award if they had worked (excluding over award payments, shift loadings, overtime, attendance bonus payments, special rates, fares and travelling allowance or other similar payments).
For casual employees, this is calculated by averaging their hours over the 12 months before the day they started getting workers compensation payments. It includes their casual loading but doesn't include over award payments, shift loadings, overtime, attendance bonus payments, special rates, fares allowance or other similar payments.
How and when accident pay applies
An employee is entitled to accident pay if they're injured at work and begin receiving workers compensation payments. The accident pay starts from the time they start getting the workers compensation payments and can apply for up to 26 weeks. The 26 weeks starts from the first day they aren't fit for work.
However, accident pay is not paid for the first 7 days (including days off) of the 26 weeks.
If the injury happens in the first 2 weeks of employment, the employee only gets accident pay if the incapacity lasts for more than 2 weeks.
If an employee returns to work on less hours or modified duties, their accident pay is reduced by how much they get paid for that work.
Example: Return to work on modified duties/less hours
Joe worked 38 hours a week at $25 an hour, totalling $950 per week. Joe was injured at work and went on workers compensation, getting $500 a week in workers compensation payments and $450 in accident pay. After 8 weeks, Joe returns to work on modified duties that pay $20 for 20 hours a week, totalling $400. Joe's accident pay is reduced by $400, meaning that Joe is now getting $50 accident pay per week.
If an employee is terminated by their employer they're still entitled to accident pay, unless they were terminated for serious misconduct.
If an employee gets a lump sum instead of weekly payments from workers compensation, their employer doesn't have to pay accident pay.
To find out more about who this award applies to, go to the Fast Food Award summary.
Source reference: Fast Food Industry Award [MA000003] clause 20.