No, not usually.
Superannuation is not paid on weekly WorkCover compensation for the time you are unable to work, because those payments are not earnings for hours worked.
Super is still payable on wages earnt for any hours you do work, and your award or enterprise agreement may add an additional entitlement on top of this.
Why super stops when WorkCover payments start
The superannuation guarantee is worked out based on what you earn from working, not your income in general. Weekly compensation replaces your income while you are unable to work due to illness or injury, but it is not payment for work.
That distinction is what decides the whole question.
Super is calculated on your qualifying earnings
Since 1 July 2026, your employer's superannuation guarantee is 12% of your qualifying earnings, which is a combination of Ordinary Time Earnings (OTE) and a handful of other payments.
According to the Superannuation Guarantee (Administration) Act 1992 (Cth), OTE is your earnings as an employee for your ordinary hours of work, plus over-award payments, shift loading and commission.
Your employer pays that super every payday, and each contribution has to reach your fund within 7 business days of payday, subject to some exceptions.
Weekly compensation is an insurance payment, not a wage
According to the Fair Work Ombudsman, the amount paid to an employee on workers' compensation "is an insurance payment and not a wage."
Queensland law keeps superannuation separate from the calculation as well. Schedule 6 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) excludes superannuation contributions from "wages" for the purpose of deciding how much compensation you are paid, which is the reason employer super is not counted in the calculations of your weekly payment.
As per the ATO's table of qualifying earnings, workers' compensation paid where the employee "is not required to work" isn’t counted as ordinary time earnings or qualifying earnings.
Workers' compensation paid "for hours an employee performs work or is required to attend work" counts as both.
When super is paid, and when it is not
This table shows the payments a Queensland worker on a WorkCover claim actually receives.
What to check
- The superannuation clause in your award or agreement. According to the Fair Work Ombudsman, "some awards and registered agreements may give employees an entitlement to superannuation while they're on workers compensation." Yours may be one of them.
- Every payslip from your return to work. Once you are back at work (on any hours and doing any duties), those payslips are the evidence that your super should be running again.
Common questions about super and WorkCover payments
Does WorkCover pay super?
No. WorkCover Queensland does not make superannuation contributions for you. According to WorkSafe Queensland, an insurer deducts tax from weekly compensation in the same way as a normal wage, but doesn’t deduct things like superannuation.
Under section 109 of the Workers' Compensation and Rehabilitation Act 2003 (Qld), a self-insurer will pay the compensation itself, and WorkCover will pay it in every other instance. The payer acts as an insurer, not as your employer's payroll.
A common point of confusion worth clearing up is that in cases where your employer is a self-insurer, the same organisation pays your weekly compensation as the insurer, with no super attached, and it still owes you superannuation as your employer on the wages for any hours you work.
I'm back on light duties, should super be going in again?
Yes, for the wages for the hours you work. The ATO's test is for hours you are working or are required to attend work, which is broader than the hours you spend actually working.
If you are on light or suitable duties three days a week and WorkCover covers the other two, super is payable on the three days of wages but not on the compensation.
My employer pays me the difference so I get my normal wage, does that attract super?
No. The ATO doesn’t treat top-ups or make-up pay which bring a workers' compensation absence in line with your normal rate of pay as either ordinary time earnings or qualifying earnings.
The Fair Work Ombudsman calls this accident pay, and notes that it is paid by the employer not the insurer. In terms of superannuation, it follows the compensation not the pay.
Can I get the lost super back?
Lost super is dealt with in a damages claim, not a statutory claim. The superannuation exclusion in the Workers' Compensation and Rehabilitation Act 2003 (Qld) only applies to the statutory compensation chapters.
Damages claims made against a negligent employer are assessed on how the injury has affected your earning capacity, and the employer superannuation contributions you would have received are claimed as part of that economic loss alongside lost wages The statutory claim comes first and stays open.
You can see the difference between a WorkCover claim and a common law claim, and how the two fit together, here.
Is the answer the same in other states?
The superannuation rule is federal, but the scheme around it is not. Each individual state and territory runs its own workers' compensation scheme, which means that things outside Queensland are not necessarily the same.
This guide covers Queensland only, so anyone on a claim elsewhere should check with the regulator in their own state.
What if my employer isn't paying super on hours I have worked?
Raise the issue with your employer in writing first, then report it to the ATO, which administers the superannuation guarantee.
Contributions must reach your fund within 7 business days of each payday, so the record is quick and simple to check. This is a matter between you and your employer, and it is outside your compensation claim. This means that raising it with the insurer will not fix it even if your employer is its own insurer, because the claim and the payroll are separate things.
When to get legal advice
It’s always a good idea to seek legal advice at the earliest opportunity, especially if:
- Someone else's negligence caused the injury
- Your injury has reduced the hours you can work permanently, so the shortfall continues after your compensation stops
- You have received a Notice of Assessment or a lump sum offer and have not had the damages route explained
Why early advice matters here: the statutory scheme is designed to replace wages while you recover, not to make your superannuation whole. The only way to address the superannuation you lose is through a damages claim, and that claim has deadlines running from the date of injury rather than from the day your payments stop.
Insurers also negotiate differently with a represented claimant because an unrepresented one cannot credibly take the matter to court.
Representation changes the negotiation, not just the paperwork.
Get Help Now
If your injury has cost you superannuation as well as wages, it is worth finding out whether a damages claim is open to you.
Call 1800 960 482 or enquire online to see where you stand. Smith’s Lawyers handle every case under our No Win, No Fee, No Catch® promise.
A conversation costs nothing, and there is no obligation to go further.
You can also use the form below to request a free case review.
